Power of attorney (POA) is a legal document that gives someone (the “agent”) the authority to act in the place of another person (the “principal”). Your agent can make decisions about your healthcare, finances, or other personal matters depending on how you fill out the form.
Choose from the following types of power of attorney depending on the type of powers you want to give the agent and when the document will take effect.
New York State Power of Attorney Documents
How to Get Power of Attorney in New York
The power of attorney forms on this page abide by NY 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 they 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.”