Fillable Form New York Power of Attorney

What is a New York Power of Attorney?

A New York Power of Attorney is a legal document that lets an individual grant another person the authority to make important medical or financial decisions on his or her behalf.

The person who signs (executes) a New York Power of Attorney Form is called the principal. The power of attorney gives legal authority to another person (called an agent or attorney-in-fact) to make property, financial, and other legal decisions for the principal.

In New York, the power of attorney is an important document that is utilized as part of a person’s estate plan. It can provide protection to a person and his or her family by granting an agent the authority to conduct financial and other activities on behalf of another in situations such as a person's absence due to travel or incapacitation due to illness or injury. In such a case, the Power of Attorney New York State can ensure that important decisions and actions are not delayed, and opportunities are not missed.

To make a Power of Attorney New York, you must:

• Be at least of legal age (18 years old).
• Have mental capacity or the ability to comprehend the nature and consequences of making a Power of Attorney.
• Have your chosen agent or attorney-in-fact sign and date your Power of Attorney (POA).
• Sign and date your POA in the presence of two witnesses and have it notarized.

According to New York law, your Power of Attorney (POA) agent can be anyone who is at least 18 years old and has mental capacity. Your agent does not have to be a lawyer; in fact, most people do not choose a lawyer as their representative. You can appoint a family member, close friend, business partner, or anybody else you trust to look out for your best interests.

There are several types of a Power of Attorney Template New York, such as:

• Nondurable Power of Attorney – A nondurable power of attorney is frequently used for a specific transaction, like the closing on the sale of a residence, or the management of the principal’s financial affairs while the principal is traveling outside of the country. It takes effect immediately and remains in effect until it is revoked by the principal, or until the principal becomes mentally incompetent or dies.

• Durable Power of Attorney – A durable power of attorney allows the agent to act on behalf of the principal even after the principal is no longer mentally competent or physically able to make decisions. It may be used immediately, and is effective until it is revoked by the principal, or until the principal’s death.

• Springing Power of Attorney – A springing power of attorney takes effect at a later date. That is, it “springs up” when a certain event designated by the Power of Attorney occurs. Often that event is the illness or disability of the principal. It remains in effect until the principal’s death, or until it is revoked by a court.

It’s always a good idea to talk to a lawyer about the right authority and agent designations to include in your Power of Attorney (POA).

How to fill out a New York Power of Attorney?

Using PDFRun, you can electronically fill out and download a PDF copy of a New York Power of Attorney PDF in minutes. Fill it out by following the instructions below.

Principal Name

Enter your full legal name.

Street Address

Enter the street address where you reside.

City

Enter the city where you reside.

State

Enter the state where you reside.

Attorney-in-Fact Name

Enter your attorney-in-fact’s name.

Street Address

Enter the street address where your attorney-in-fact resides.

City

Enter the city where your attorney-in-fact resides.

State

Enter the state where your attorney-in-fact resides.

Section I – Powers

This section states that you confer upon your attorney-in-fact the power to act on your behalf and in your stead, as if you were present, and to exercise and perform the acts or powers you have designated with your initials as set forth below.

Your attorney-in-fact shall not have the power to act on your behalf if you have not so designated your initials.

Item 1

Mark the box if you’re giving your attorney-in-fact the power to make a payment or collect monies you owed or owed to you.

By marking this item, you’re giving your attorney-in-fact the power to make any payments on any accounts you may owe and to hold, collect, and request any sums that may be due, owing, or payable to you or in which you may hereinafter acquire an interest, in whatever form, whether liquidated or unliquidated, to have, use, and take all lawful means in your name for the collection and recovery thereof, and to adjust, sell, compromise, and agree for the same and to execute and deliver for you, on your behalf, and in your name, all endorsements, releases, receipts, or other sufficient discharges for the same.

Item 2

Mark the box if you’re giving your attorney-in-fact the power to acquire, lease, and sell personal property.

By marking this item, you’re giving your attorney-in-fact the power:

• To acquire, purchase, exchange, lease, grant options to sell, and sell and convey personal property, or any interests therein, on such terms and conditions, including credit arrangements, as your attorney-in-fact shall deem proper.
• To execute, acknowledge and deliver, under seal or otherwise, any and all assignments, transfers, titles, papers, documents, or instruments which your attorney-in-fact shall deem necessary in connection therewith.
• To purchase, sell or otherwise dispose of, assign, transfer and convey shares of stock, bonds, securities, and other personal property now or hereafter belonging to you, whether standing in your name or otherwise, and wherever situated.

Item 3

Mark the box if you’re giving your attorney-in-fact the power to acquire, lease, and sell real property.

By marking this item, you’re giving your attorney-in-fact the power:

• To acquire, purchase, exchange, lease, grant options to sell, and sell and convey real property, or any interests therein, on such terms and conditions, including credit arrangements, as your attorney-in-fact shall deem proper.
• To execute, acknowledge and deliver, under seal or otherwise, any and all assignments, transfers, deeds, papers, documents, or instruments which your attorney-in-fact shall deem necessary in connection therewith.

Item 4

Mark the box if you’re giving your attorney-in-fact management powers.

By marking this item, you’re giving your attorney-in-fact the power to maintain, repair, improve, invest, manage, insure, rent, lease, encumber, and in any manner deal with any real or personal property, tangible or intangible, or any interests therein, that you now own or may hereafter acquire, in name and for your benefit, upon such terms and conditions as your attorney-in-fact shall deem proper.

Item 5

Mark the box if you’re giving your attorney-in-fact banking powers.

By marking this item, you’re giving your attorney-in-fact the power to open and close accounts, make, receive, and endorse checks and drafts, deposit and withdraw funds, acquire and redeem certificates of deposit, in banks, savings and loan associations, and other institutions, execute or release such deeds of trust or other security agreements as may be necessary or proper in the exercise of the rights and powers herein granted.

Item 6

Mark the box if you’re giving your attorney-in-fact power to your motor vehicles.

By marking this item, you’re giving your attorney-in-fact the power to apply for a Certificate of Title upon, and endorse and transfer title thereto, for any automobile, truck, pickup truck, van, motorcycle, or other motor vehicles, and to represent in such transfer or assignment that the title to said motor vehicle is free and clear of all liens and encumbrances except those specifically set forth in such transfer or assignment.

Item 7

Mark the box if you’re giving your attorney-in-fact tax powers.

By marking this item, you’re giving your attorney-in-fact the power:

• To act without limitation on your behalf with regard to federal income taxes, state and local income taxes, estate, gift, and other tax returns of all sorts, whether federal or state and local, including where appropriate joint returns, Federal Insurance Contributions Act (FICA) returns, payroll tax returns, claims for refunds, requests for extensions of time to file returns or pay taxes, extensions and waivers of applicable periods of limitation, protests and petitions to administrative agencies or courts, including the tax court, regarding tax matters, and any and all other tax-related documents, including but not limited to consents and agreements under Section 2032A of the Internal Revenue Code or any successor section thereto and consents to split gifts and closing agreements, for all tax periods from 1980 through 2050, and for all jurisdictions.
• To complete Internal Revenue Service Form 2848, Power of Attorney and Declaration of Representative (or other prescribed form) on your behalf as well as to perform all other functions contemplated by that form whether they are required or merely permissible.
• To consent to any gift and to utilize any gift-splitting provisions or other tax election.
• To prepare, sign, and file any claims for refund of any tax.
• To post bonds, receive confidential information, and contest deficiencies determined by the Internal Revenue Service or any state or local taxing authority.
• To exercise any and all elections that you may have under federal, state, or local tax laws including without limitation the allocation of any generation-skipping tax exemption to which you may be entitled.
• To the extent that you may have omitted some power or discretion, some tax period, some form, or some jurisdiction, you hereby grant to your attorney-in-fact the power to amend the Internal Revenue Service form power of attorney in your name.

Item 8

Mark the box if you’re giving your attorney-in-fact power to your safe-deposit boxes.

By marking this item, you’re giving your attorney-in-fact the power to have access at any time to any safe-deposit box rented by you or to which you may have access, where so ever located, including drilling, if necessary, and to remove all or any part of the contents thereof, and to surrender or relinquish said safe-deposit box, and any institution in which any such safe-deposit box may be located shall not incur any liability to you or your estate as a result of permitting your attorney-in-fact to exercise this power.

Item 9

Mark the box if you’re giving your attorney-in-fact gift-making powers.

By marking this item, you’re giving your attorney-in-fact the power to make gifts, grants, or other transfers (including the forgiveness of indebtedness and the completion of any charitable pledges you may have made) without consideration, either outright or in trust to such persons (including your attorney-in-fact hereunder) or organizations as your attorney-in-fact shall select, including, without limitation, the following actions:

• Transfer by gift in the advancement of a bequest or devise to beneficiaries under your will or in the absence of a will to your spouse and descendants to whatever degree.
• Release of any life interest, waiver, renunciation, disclaimer, or declination of any gift to you by will, deed, or trust.

Item 10

Mark the box if you’re giving your attorney-in-fact lending and borrowing powers.

By marking this item, you’re giving your attorney-in-fact the power:

• To make loans in your name, individually or jointly with others.
• To give promissory notes or other obligations, therefore.
• To deposit or mortgage as collateral or for security the payment thereof any or all of your securities, real estate, personal property, or other property of whatever nature and wherever situated, held by you personally or in trust for your benefit.

Item 11

Mark the box if you’re giving your attorney-in-fact power to your contracts.

By marking this item, you’re giving your attorney-in-fact the power to enter into contracts of whatever nature or kind in your name.

Item 12

Mark the box if you’re giving your attorney-in-fact power to your health care.

By marking this item, you’re giving your attorney-in-fact the power to take any and all steps necessary to arrange for your admission to any type of health care facility, including, without limitation, a hospital, rehabilitation facility, skilled nursing facility, or hospice, and to authorize the release of your medical records in the discretion of your attorney-in-fact.

Item 13

Mark the box if you’re giving your attorney-in-fact power to your HIPAA.

By marking this item, you’re giving your attorney-in-fact the power and authority as your personal representative for all purposes of the Health Insurance Portability and Accountability Act of 1996 (Pub. L. No. 104-191).

Item 14

Mark the box if you’re giving your attorney-in-fact the power to hire and pay for services.

By marking this item, you’re giving your attorney-in-fact the power to retain such accountants, attorneys, social workers, consultants, clerks, employees, workers, or other persons as your agent shall deem appropriate in connection with the management of your property and affairs to make payments from your assets for the fees of such persons so employed.

Item 15

Mark the box if you’re giving your attorney-in-fact the power of reimbursement.

By marking this item, you’re giving your attorney-in-fact the power of reimbursement for any reasonable expenses incurred in connection with such services.

Item 16

Mark the box if you’re giving your attorney-in-fact power to sue third parties who fail to act pursuant to the Power of Attorney.

By marking this item, if any third party (including stock transfer agents, title insurance companies, banks, credit unions, and savings and loan associations) with whom your attorney-in-fact seeks to transact refuses to recognize your attorney-in-fact’s authority to act on your behalf pursuant to this Power of Attorney, you’re authorizing your attorney-in-fact to sue and recover from such third party all resulting damages, costs, expenses, and attorney’s fees incurred because of such failure to act. The costs, expenses, and attorney’s fees incurred in bringing such action shall be charged against your general assets, to the extent that they are not recovered from a said third party.

Item 17

Mark the box if you’re giving your attorney-in-fact other powers not mentioned above.

Specify the nature of the power in the space provided.

Section II – Interpretation and Governing Law

This section states that this instrument is to be construed and interpreted as a general non-durable power of attorney. The enumeration of specific powers herein is not intended to, nor does it, limit or restrict the general powers herein granted to your attorney-in-fact. For a third party to construe otherwise would be contrary to your intent.

This instrument is executed and delivered in the State of New York and laws of such state shall govern all questions as to the validity of this power and the construction of its provisions. Nevertheless, you intend that this instrument be given full force and effect in any state or country in which you may find yourself or in which you may own property, whether real or personal.

You further direct that your attorney-in-fact not be required to give bond and, if any bond is required, that no sureties be required. Also, you direct that photocopies of this instrument shall have the same power and effect as the original.

Section III – Effective Date and Termination

Mark the appropriate space to indicate when this document shall become effective. You may select:

• Upon the date of this document with my authorization.

• The following date… – Enter the date following the format: Month, Day, Year.

Mark the appropriate spaces that apply to indicate when this document shall be terminated. You may select:

• On the following date… – Enter the date following the format: Month, Day, Year.

• When I have made a written revocation.

• When and if I become incapacitated and unable to make decisions as determined by a physician.

Section IV – Third Party Reliance

This section states that any party dealing with your attorney-in-fact hereunder may rely absolutely on the authority granted herein and need not look to the application of any proceeds nor the authority of your attorney-in-fact as to any action taken hereunder. In this regard, no person who may in good faith act reliance upon the representations of your attorney-in-fact or the authority granted hereunder shall incur any liability to you or your estate as a result of such action. You hereby ratify and confirm whatever your attorney-in-fact shall lawfully do under this instrument. Any gift of property made by your attorney-in-fact in the proper exercise of the gift-making powers specifically granted in Section I (Item 9) herein shall be a full and complete delivery of title upon which third-party purchasers for value may rely.

Your attorney-in-fact is authorized as he or she deems necessary to bring an action in court so that this instrument shall be given the full power and effect that you intend on by executing it.

Date

Enter the date you executed this General Non-Durable Power of Attorney, following the format: Day, Month, Year.

Principal Printed Name

Enter your full printed name.

Principal Signature

Affix your signature.

Acceptance of Appointment

Attorney-in-Fact Name

Enter your attorney-in-fact’s full name.

Attorney-in-Fact Printed Name

Enter your attorney-in-fact’s full printed name.

Attorney-in-Fact Signature

Affix your attorney-in-fact’s signature.

Witness Signatures

Affix the two witnesses’ signatures.

Addresses

Enter the two witnesses’ complete addresses.

Acknowledgement of Notary Public

County

Enter which county in the State of New York.

Date

Enter the date the form was notarized.

Principal Name

Enter your name.

Notary Public

Enter the name of the lawyer from the notary public.

Commission Expiration Date

Enter the notary commission’s expiration date.

Frequently Asked Questions About aNew York Power of Attorney

How do I get a power of attorney in NY?

In New York, a power of attorney is a legal document that allows someone else to act on your behalf in financial or legal matters. This can be helpful if you are unable to handle your own affairs due to an illness or injury, or if you simply want someone else to take care of business while you're away.

There are different types of powers of attorney, so it's important to choose the one that best suits your needs. You can give someone general power of attorney, which allows them to handle a wide range of financial and legal matters on your behalf. Or you can grant specific power of attorney, which authorizes someone to take care of a particular task or transaction.

To get a power of attorney in New York, you'll need to fill out a form and have it notarized by a notary public. You can find forms at your local courthouse or online. Once you've completed the form, give it to the person you're appointing as your agent. They should keep it in a safe place in case they need to use it on your behalf.

A power of attorney can be a helpful tool if you're unable to handle your own affairs. But it's important to choose your agent carefully. Make sure you pick someone you trust to act in your best interests and who is capable of handling the responsibility.

What are the types of POA in NY?

There are four types of POA in NY:

• General POA — A general POA gives your agent authority to handle all of your affairs. Use this type of POA if you want someone to have broad authority to manage your affairs.
• Special POA — A special POA gives your agent authority to handle only specific tasks or types of transactions. Use this type of POA if you want to give someone limited authority to act on your behalf.
• Health Care Proxy — A health care proxy allows you to appoint someone to make decisions about your health care if you are unable to do so yourself.
• Financial POA — A financial POA gives your agent authority to handle your financial affairs. This can include tasks such as paying your bills, managing your bank accounts, and investing your money.

You can revoke or cancel a POA at any time by sending written notice to your agent or the person you appointed as your successor agent. You should also notify any third parties who may be relying on the POA, such as your bank or financial institution. Finally, be sure to destroy any copies of the POA that you have.

Does a power of attorney need to be notarized in New York?

A power of attorney does not need to be notarized in New York. However, it is recommended that you have your power of attorney notarized in order to ensure its validity.

Notarizing your power of attorney will make it a legal document in New York and will ensure that it is recognized by courts and other officials.

Does a power of attorney have to be filed with the court in New York?

A power of attorney does not have to be filed with the court in New York; however, it is recommended that you keep a copy of the power of attorney in a safe place so that it can be easily located if needed. You may also want to provide copies to any individuals or organizations that may need to act on your behalf under the power of attorney.

How do I get power of attorney for an elderly parent in NY?

There are a few different ways that you can get power of attorney for an elderly parent in NY:

• You can contact the local office of the Aging and ask for their help in getting power of attorney for your parent.
• You can contact a local lawyer who specializes in elder law and ask for their help in getting power of attorney for your parent.
• You can go to your local courthouse and ask the clerk there for help in getting power of attorney for your parent.
• You can contact your state's department of health and ask for their help in getting power of attorney for your parent.
• You can contact your parent's doctor and ask for their help in getting power of attorney for your parent.

These are just a few of the ways that you can get power of attorney for an elderly parent in NY. If you have any other questions, you should contact an attorney who specializes in elder law.

Can an attorney notarize a power of attorney in NY?

An attorney should have a notary public commission in order to notarize a power of attorney in New York. The notary public must witness the execution of the power of attorney by the person signing it (the "principal"). The notary public must then sign and date the document, and affix their official seal.

A New York-licensed attorney who is also a commissioned notary public may notarize a power of attorney as long as they are physically present when the principal signs the document, and they sign and date the document themselves. They must also affix their official notary seal to the document.

If an attorney is not a commissioned notary public, they cannot notarize a power of attorney. In this case, the principal would need to find a separate notary public to notarize the document.

Notarizing a power of attorney is an important step in ensuring that the document is legally binding. Without a notarized signature, the power of attorney may not be considered valid in a court of law. If you have any questions about notarizing a power of attorney, or about powers of attorney in general, you should contact an experienced New York estate planning attorney for assistance.

What is the best power of attorney to have?

There is no "one size fits all" answer to this question, as the best power of attorney for your needs will depend on your specific circumstances. However, some factors that you may want to consider when choosing a power of attorney include the extent of the authority you wish to grant and whether you want the power of attorney to be durable (i.e., remaining in effect even if you become incapacitated). You may also want to name more than one person as your attorney-in-fact, in case your first choice is unable or unwilling to serve.

Ultimately, the best power of attorney for you is the one that gives your chosen agent(s) the authority to handle your affairs in the way that you desire and provides adequate protection for your interests. You should consult with an experienced attorney to ensure that your power of attorney meets your needs and conforms to all applicable legal requirements.

How do you activate a power of attorney?

There is no one-size-fits-all answer to this question, as the specific steps required to activate a power of attorney will vary depending on the type of power of attorney involved. However, in general, the process of activating power of attorney typically involves the following steps:

1. The person who wishes to grant someone else authority (known as the "principal") must first execute a written document known as a power of attorney.
2. The principal must then sign the power of attorney in front of a notary public.
3. Once the power of attorney has been executed and notarized, it must be delivered to the person who will serve as the agent (the "attorney-in-fact").
4. The attorney-in-fact can then begin acting on behalf of the principal, as long as they remain within the scope of authority granted by the power of attorney.

Keep in mind that there may be additional requirements in order to activate a power of attorney, depending on the state in which you live and the type of power of attorney involved. For example, some states require that durable powers of attorney be registered with the court before they can take effect. Therefore, it is always best to consult with an experienced attorney in your area to ensure that you are taking all the necessary steps to properly activate your power of attorney.

Can a power of attorney change a will?

No, a power of attorney cannot change a will. A will is a legal document that can only be changed by the person who created it, known as the testator. However, a power of attorney can be used to carry out the wishes of the testator, including distributing assets according to the terms of the will.

If the testator wants to change their will, they must do so in accordance with the laws of their state. This usually involves drafting a new will and having it signed by witnesses. The old will is then typically revoked.

A power of attorney is a legal document that gives someone else the authority to act on your behalf. A power of attorney can be used for financial matters, such as managing bank accounts and investments, or for healthcare decisions, like choosing a treatment plan or authorizing medical procedures.

You can give someone power of attorney to act on your behalf even if you are still alive and well. However, a power of attorney only takes effect if you become incapacitated and are unable to make decisions for yourself. At that point, the person you designated as your agent can step in and make decisions according to your wishes.

A power of attorney can be revoked at any time, as long as the person who created it is still competent. To revoke a power of attorney, you simply need to notify the person you designated as your agent that you are revoking their authority. You should also give notice to any third parties, such as banks or healthcare providers, who are aware of the power of attorney. After revoking a power of attorney, you may want to consider creating a new one.

In short, a power of attorney cannot change a will, but it can be used to carry out the wishes of the person who created the will (the testator). If the testator wants to change their will, they must do so in accordance with the laws of their state. A power of attorney can be revoked at any time by the person who created it.

Can a relative witness power of attorney?

There is no straightforward answer to this question since it can depend on the specific situation and type of power of attorney involved. Generally speaking, however, a relative could potentially serve as a witness for a power of attorney if they meet the necessary requirements (such as being of legal age and mental capacity). Ultimately, it is best to consult with an experienced attorney to determine whether or not a particular relative would be able to serve as a witness for your power of attorney.

How long is a power of attorney good for in NY?

A power of attorney in NY is generally valid for as long as the person who executed it remains mentally competent. If the person later becomes incapacitated, the power of attorney automatically terminates. However, there are some exceptions to this rule. For example, if the power of attorney specifically states that it will remain in effect even if the person becomes incapacitated, then it will be valid even if the person later becomes unable to make decisions for themselves. Additionally, a power of attorney can be revoked at any time by the person who executed it, as long as they are mentally competent. Lastly, a court can invalidate a power of attorney if it finds that it was not properly executed or that it was obtained through fraud or duress.

Can a family member override the power of attorney?

A family member cannot override the power of attorney. The power of attorney is a legal document that gives another person the authority to make decisions on your behalf. Once the document is signed, it is legally binding.

Only the person who holds the power of attorney can make decisions on your behalf. If you have any concerns about the way they are handling your affairs, you can contact a lawyer.

What happens if no power of attorney?

If there is no power of attorney in place, and an individual becomes incapacitated, the court may appoint a guardian or conservator to make decisions on their behalf. This process can be costly and time-consuming, and it may not be possible to appoint the person that the individual would have chosen themselves. Having a power of attorney in place can help to avoid this situation.

Can you get power of attorney for someone with dementia?

If someone is unable to make decisions for themselves, and there is no power of attorney in place, the courts will appoint a guardian to make those decisions on their behalf. The court system is designed to protect people who are unable to take care of themselves, and appointing a guardian is one way to do that. However, the guardian may not have the same relationship with the individual as a family member or close friend would, and they may not be familiar with the individual's wishes and preferences. Additionally, the guardianship process can be costly and time-consuming. Therefore, it is always best to have a power of attorney in place so that you can designate someone you trust to make decisions on your behalf if you become incapacitated.

Can a NY POA be notarized in a different state?

There is no definitive answer to this question since it can vary depending on the state in which you are getting the POA notarized. However, it is generally recommended that you get a NY POA notarized in the state of New York, just to be on the safe side.

In many cases, a NY POA can be notarized in another state as long as the notary public is willing to do so. However, it is always best to err on the side of caution and have the POA notarized in New York. This will help to avoid any potential complications that could arise from having the POA notarized in a different state.

How do you prove you have power of attorney?

There are a few different ways that you can go about proving that you have power of attorney. One way is to produce the original document that granted you power of attorney. Another way is to get a letter from the person who granted you power of attorney confirming your status. You can also provide witnesses who can attest to the fact that you have been acting as someone's agent. Ultimately, the burden of proof will be on you to show that you have the legal authority to act on someone else's behalf.

If you are trying to prove power of attorney in order to access someone's bank account or other financial records, the institution in question may have specific requirements for doing so. For instance, they may require that you show them the original power of attorney document or provide a notarized copy. They may also require that you submit a sworn statement attesting to your authority. It's always best to check with the institution beforehand to find out what their specific requirements are.

Related Articles:

• Power of attorney and other authorizations
• A guide to making a New York State power of attorney
• New York Power of Attorney Laws