New York Notice of Revocation Power of Attorney for a Recorded Power of Attorney

State:
Multi-State
Control #:
US-OG-355
Format:
Word; 
Rich Text
Instant download

Description

This form is used when a Principal declares that all power and authority granted under a Power of Attorney to a specified individual, as Agent and Attorney-in-Fact which was recorded for Principal is revoked, terminated, and withdrawn as of the Effective Date stated on the form.

How to fill out Notice Of Revocation Power Of Attorney For A Recorded Power Of Attorney?

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FAQ

New York power of attorney agreements only need to be filed if they are used in a real estate transaction. Aside from this, filing is not required. That said, you can still file your POA agreement with your County Clerk to ensure that you're able to obtain copies of your agreement if you ever need it.

The POA cannot transfer the responsibility to another Agent at any time. The POA cannot make any legal or financial decisions after the death of the Principal, at which point the Executor of the Estate would take over. The POA cannot distribute inheritances or transfer assets after the death of the Principal.

If you become incapacitated, the power of attorney continues unless you specify that it is not a durable power of attorney. Your power of attorney also ends if your agent dies or becomes incapacitated unless you have named a successor agent.

You are not required to file your power of attorney unless you are using it for a real estate transaction. Real Property Law §421. You can also file a copy with the County Clerk's Office if you would like to be sure you can obtain copies if needed. Remember, your power of attorney cannot help you if it cannot be found.

A New York durable statutory power of attorney allows a person to hand over the power to handle their finances to someone else, and remains valid during their lifetime. The person giving power (?principal?) can choose to give limited or broad powers to their selected individual (?agent?).

A Revocation of Power of Attorney must plainly state your desire to revoke a previous POA and include: The principal's name. The attorney-in-fact's name. The date the Power of Attorney took effect. The date the Power of Attorney is revoked. A notary public seal of certification (only required in certain states)

A principal may revoke a power of attorney: (a) in ance with the terms of the power of attorney; or (b) by delivering a revocation of the power of attorney to the agent in person or by sending a signed and dated revocation by mail, courier, electronic transmission or facsimile to the agent's last known address.

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.

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New York Notice of Revocation Power of Attorney for a Recorded Power of Attorney