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By far, the most common power of attorney in New York law is a ?durable power of attorney.? This means the power of attorney is effective the day you sign it, but that power continues even if you become incapacitated.
New York power of attorney requirements Be at least 18 years old. Have mental ?capacity,? meaning you have the ability to comprehend the nature and consequences of making a POA. Type or write your POA in a legible font. ... Sign and date your POA in the presence of two witnesses, and have it notarized.
In New York, you must notarize the POA and also have it witnessed by two people who are not named in the POA as agents. The notary public can serve as a witness, so you might need to find only one more witness.
For most people, the best option is to have a general durable power of attorney because it gives your agent broad powers that will remain in effect if you lose the ability to handle your own finances. An attorney can customize a general POA to limit powers even more?or add powers, Berkley says.