New York Statutory Durable Power of Attorney Form

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New York Statutory Durable Power of Attorney Form

A New York statutory durable power of attorney is a document that allows an individual to appoint an agent to conduct financial matters on their behalf. The principal will still be able to perform all financial tasks. If they become incapacitated, the agent’s authority will not terminate, and they’ll be able to continue to manage the principal’s affairs.

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Last updated May 13th, 2025

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A New York statutory durable power of attorney is a document that allows an individual to appoint an agent to conduct financial matters on their behalf. The principal will still be able to perform all financial tasks. If they become incapacitated, the agent’s authority will not terminate, and they’ll be able to continue to manage the principal’s affairs.

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Signing Requirements

The following signing requirements must be met for a durable power of attorney to be considered valid[1]:

  • The principal’s signature must be acknowledged by a notary public.
  • The agent’s signature must be acknowledged by a notary public.
  • The principal’s signature must be witnessed by two individuals who are not named as agent or the recipient of a gift.

Power of Attorney (Preview)

Legal Definition

A power of attorney is durable unless it expressly provides that it is terminated by the incapacity of the principal. The subsequent incapacity of a principal shall not revoke or terminate the authority of an agent who acts under a durable power of attorney.[2]

Sources

  1. GOB § 5-1501B
  2. GOB § 5-1501A