Power of attorney (POA) is the legal authority for a person, business, or financial institution (the “agent”) to act in the place of another person (the “principal”). You need to a power of attorney form to grant this authority.
Which New York State (NYS) power of attorney form you need depends on the powers you’re transferring.
Choose from the following types of power of attorney depending on your purpose.
New York State (NYS) Power of Attorney Documents
How to Get Power of Attorney in New York (NY)
The New York power of attorney forms on this page abide by these state laws. The state also provides a New York statutory short form power of attorney that outlines every component required to make the document legal.
The principal may appoint more than one agent, but he or she must specify whether they are expected to work together or act separately.
Powers of attorney in New York can be revoked at any time by the principal. To do so, the principal must create a revocation of power of attorney, and inform all affected third parties (e.g., financial institutions and banks).
New York POA Requirements
New York is one of several states in the US wherein a power of attorney is presumed to be durable. If you wish to create a non-durable power of attorney, you need to explicitly state so in the POA document.
To be deemed legal in New York, your power of attorney must include:
- The dated and notarized signature of the principal, while the principal still has mental capacity
- The dated and notarized signature of the agent(s)
- Specific language required by statute, which are already included on our state form
The principal or agent may authorize another person to sign and date the form. This is usually done in a fiduciary capacity, such as by an attorney. For the signature to be legal, the person signing the form must provide proof of such authorization, along with proper identification.
The law also governs the font size of your document. The content of your NYS POA form must be typed or printed “using letters which are legible or of clear type no less than twelve point in size, or, if in writing, a reasonable equivalent thereof.”