A New York durable power of attorney form is a document that grants someone (the “agent”) the legal authority to act and make decisions for another person (the “principal”) in the state of New York.
Unlike a regular non-durable power of attorney (POA), a durable power of attorney (DPOA) stays in effect even if the principal becomes incapacitated and can’t make or communicate their own decisions.
This form is sometimes called a durable power of attorney for finances and is used for financial and business matters. To grant durable power over medical decisions, you need a NY medical power of attorney.
Download a legally-binding New York durable power of attorney form in fillable PDF and Word formats, and learn how to use it.
New York Durable Power of Attorney Requirements
New York power of attorney forms are durable by default, so they’ll stay in effect even if the principal becomes incapacitated unless the form specifically states otherwise.
Relevant Laws: New York Gen. Oblig. Law §§ 5-1501 – 5-1514 (Statutory Short Form and Other Powers of Attorney For Financial and Estate Planning)
Presumed Durable: Yes, unless the form expressly provides that it’s terminated by the incapacity of the principal. New York Gen. Oblig. Law § 5-1501A
Signing: Must be signed, initialed, and dated by the principal and signed by two disinterested witnesses (not the agent and not someone who can receive gifts in the DPOA). New York Gen. Oblig. Law § 5-1501B
Statutory Form: Yes New York Gen. Oblig. Law § 5-1513
New York law also requires that your agent sign and date the form to accept their appointment.
The durable power of attorney template on this page includes all required language and complies with New York DPOA laws and regulations.
New York Durable Power of Attorney Form (PDF & Word)
Use our free New York DPOA template below to serve as a guide for creating your own durable power of attorney form.
How to Fill Out a New York DPOA Form
Follow these steps to easily complete our blank durable power of attorney form for residents of New York:
Step 1: Designate an agent
First, the principal chooses someone they trust to be their agent. It’s critical that the principal fully understands what power of attorney is and the risks involved in giving legal power to another person.
Both parties write their names and addresses at the top of the durable power of attorney form.
Step 2: Grant authority
The principal needs to mark on the form which areas of their life they want to give the agent legal power over. This can be general authority (e.g., operation of a business) or specific authority (e.g., make a loan).
They can also write specific instructions about which actions the agent can perform on their behalf.
Step 3: Ensure your form is durable
In New York, a power of attorney is presumed to be durable unless it’s specified to be non-durable on the form. You don’t need to take any additional steps to make sure your agent’s power will survive your incapacitation.
Step 4: Sign and date the form
To complete the paperwork, the agent and the principal sign and date the durable power of attorney form.
Don’t forget that in New York, your form also needs to be signed by two witnesses, neither of which can be the agent or someone who will receive gifts through the DPOA.
Step 5: Give copies to relevant parties
After completing your durable power of attorney form, you should store it in a safe deposit box or secure place in your home.
To use the durable power of attorney, you need to give your agent a copy of the form. You should also give a copy to family members, a trusted friend, and third parties where it will be used (such as your landlord, bank, or a state agency).
How to Revoke a Durable Power of Attorney in New York
As long as you have the capacity, you can revoke a power of attorney at any time if you change your mind. To do so, the principal can complete and sign a revocation of power of attorney form and deliver it to the agent.
If the DPOA was recorded in the office of any county, you must also record the revocation in the same office (New York Gen. Oblig. Law § 5-1511).
Although a durable power of attorney can’t be revoked if the principal is already incapacitated, it’s possible for a third-party individual to override a power of attorney if they suspect an agent of abuse or negligence.