A New York Power of Attorney is a legal document that allows someone, known as the “agent,” to act on behalf of another person, known as the “principal.” The agent can make decisions regarding the principal’s healthcare, finances, or other personal matters, depending on how the principal completes the form.
By Type
Durable (Financial)
Allow an agent to act on the behalf of the principal when the principal is deemed mentally or physically incapacitated.
Signing Requirements: Notary public and two witnesses (GOB § 5-1501B).
Medical
Describe what medical actions should be taken in the event of a severe illness or incapacitation.
Signing Requirements: Two witnesses. (PBH § 2981(2)).
Limited (Special)
Authorize an agent for limited transactions and circumstances.
Signing Requirements: Notary public and two witnesses (GOB § 5-1501B).
Non-Durable (General)
Give an agent broad powers to handle your affairs. You can grant the authority to do almost any legal act that you can do.
Signing Requirements: Notary public and two witnesses (GOB § 5-1501B).
Real Estate
Gives an agent the capacity to handle the principal's real estate transactions.
Signing Requirements: Notary public.
Tax (Form POA-1)
Use a New York State Department of Taxation and Finance Power of Attorney to appoint a state tax representative.
Minor (Child)
Authorizes temporary authorization to someone else for a minor's wellbeing.
Signing Requirements: Notary public.
Revocation
Use to nullify an authority given to an agent by an existing power of attorney.
Signing Requirements: Signed by the principal, however notarization is recommended (§ 5-1511).
