New York Power of Attorney

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New York Uniform Power of Attorney Act

The New York Uniform Power of Attorney Act is the law that allows you to appoint an agent to act on your behalf when you're unable to handle it yourself, due to an accident, illness, absence, or other reason. Some of the important things to know about this law are explained below:

• A durable power of attorney stays effective if you become physically or mentally incapacitated. An power of attorney New York form is durable unless it contains language stating that it will be terminated by the incapacity, incompetency, or disability of the principal (creator). Section 26-1A-104

• The document must be signed by the principal or someone signing on his/her behalf, as long as it's signed in the presence of and at the request of the principal. A notarized signature is presumed to be genuine if there's a dispute over the signature's authenticity. Section 26-1A-105

• Unless specified otherwise, an New York POA form will be effective as soon as it is signed. However, you can create what is called a springing power of attorney form, which only takes effect after a specified date or event occurs. Section 26-1A-109

• The termination of the appointed agent's authority can occur in various ways:

• It is a nondurable power of attorney and the principal becomes incapacitated.
• The principal dies.
• The principal or a court appointed fiduciary revokes the document.
• The purpose of the POA has been accomplished.
• The power of attorney form states a terminating date or condition, which has occurred.
• The agent dies, resigns, becomes incapacitated, or has his/her power revoked by the principal, and the power of attorney does not provide for another agent
• The agent and the principal file a lawsuit for legal separation, annulment, or divorce, unless stated otherwise in the form. Section 26-1A-110

• You can appoint co-agents or successor agents. If co-agents are appointed, their authority is effective during the same time period. Co-agents are presumed to have independent authority to act, unless stated otherwise. If you wish co-agents to agree on the matter before acting, you must state so. Successor agents have authority to act on the principal's behalf only when the previously appointed agent resigns, dies, becomes incapacitated, is disqualified to serve, or is otherwise unable to serve. Section 26-1A-111

• The creation of a health care power of attorney is also possible. In a medical power of attorney form, the agent is granted authority to make medical decisions regarding the provision, withholding, or withdrawal of life-sustaining treatment and artificially provided nutrition and hydration for the principal. However, the agent must be specifically authorized to do so in a durable power of attorney that complies with the requirements of the New York Natural Death Act. Section 26-1A-404