A power of attorney (POA) is a legal document that states that a person, business, or financial institution (the “agent”) can act in the place of another person (the “principal”).
Which New York State (NYS) power of attorney form you need changes depending on the purpose you’re transferring powers. Choose from the following types of power of attorney forms depending on your purpose.
- New York State Powers of Attorney
- How to Get Power of Attorney in New York
General Durable Power of Attorney – New York
A durable power of attorney is set up so the agent can act on the behalf of the principal when the principal is deemed mentally or physically incapacitated. These forms take effect immediately (unless noted otherwise) and remain in effect until they are revoked or the principal dies.
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.
Health Care Proxy – New York
In a health care proxy, the principal can describe what medical actions should be taken in the event of a severe illness or incapacitation.
Limited Power of Attorney – New York
A limited power of attorney is similar to a general power of attorney, except that the purpose of the powers transferred is “limited” or narrowed to one or few tasks.
After downloading the above power of attorney forms, sign against only those items (powers) that you wish to transfer to your agent.
How to Get Power of Attorney in New York (NY)
The state provides an official, standardized form that outlines every component required to make the document legal.
Our New York power of attorney forms abide by state laws (NY statutory short form power of attorney). Use the one that meets your needs:
- Durable general power of attorney form – for financial and real-estate transactions
- Durable health care proxy form – for medical matters
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 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.”