Power of Attorney in New York: Guide and Requirements

A power of attorney, or POA, in New York is a document in which you (the “principal”) give another person (an “agent” or “attorney in fact”) the authority to make legal, financial or medical decisions on your behalf.

To set up a valid New York POA, you must meet these requirements^[0]

• You (the principal) must be at least 18 years old.

• You have to have mental capacity, which means you’re able to fully understand your POA and its consequences.

• Your agent must also be at least 18 years old and have mental capacity.

• Your POA must be typed or written in legible font (nothing smaller than 12 point).

• A financial POA must be signed in the presence of two witnesses and then notarized. In New York, your notary can be one of your witnesses. A medical POA (known in New York as a health care proxy) only needs two witnesses; it doesn’t need to be notarized^[0]

  New York State Department of Health. Health Care Proxy Form . Accessed Apr 23, 2023.

  View all sources

  . 

• Witnesses can’t be your agent and shouldn’t be anyone who will benefit from your estate.

• Your agent needs to sign your POA, but it doesn’t have to be at the same time as you and your witnesses sign.

• Your POA must include certain statutory language. In 2021, New York changed its laws to require the wording in New York powers of attorney to “substantially conform” to specific language in its Statutory Short Form Power of Attorney rules (see them here) so that tiny typos or spelling errors now no longer invalidate a POA. The state’s statutory short form POA can help you create a clear legal document with less confusion.

There are a variety of options for a New York power of attorney.

• Statutory/financial power of attorney: This allows your agent to handle financial or business matters for you, such as paying your bills or doing your banking.

• Health care proxy: Also known as a medical power of attorney, this allows your agent to make decisions about your medical care, including medication, surgery, treatment and end-of-life care.

» MORE: Learn whether an advance directive is for you

Within the financial POA category, there are a few very specific subcategories to be aware of in New York:

• Tax power of attorney: This type of financial POA allows your agent (typically a tax professional) to file your taxes and act on your behalf with the New York state tax authority.

• Real estate power of attorney: This type of financial POA allows your agent to buy or sell property for you, or otherwise conduct business that involves your real estate property.

• Vehicle power of attorney: This financial POA allows your agent to handle issues related to your vehicles, including titling and registration^[0]

  New York State Department of Motor Vehicles. Power of Attorney for Vehicle Transactions. Accessed Apr 23, 2023.

  View all sources

  .

For all types of POA, these subcategories are also available in New York:

• Durable POA: With this, your agent retains medical or financial authority even if you become incapacitated and unable to make your own decisions. All New York powers of attorney are durable by default, unless otherwise specified^[0]

  Justia U.S. Law. NY Gen Oblig L § 5-1501A (2022) § 5-1501A. Accessed Apr 23, 2023.

  View all sources

  .

• Nondurable POA: This document no longer remains in effect if you become incapacitated.

• Springing POA: The POA only becomes effective when the principal becomes incapacitated or when specific contingencies are met, such as a beneficiary coming of age.

• Limited POA: This gives your agent authority for only a limited time and/or in limited specific transactions.

Here’s what you need to do to create a valid POA in New York:

1. Decide what type of power of attorney you’d like to create.

2. Obtain the proper form either by using online will software, downloading a statutory POA or health care proxy form from the state or working with an estate planning attorney. Some other, more specific New York POA forms are available here.

3. Select a person or persons you trust to be your agent.

4. Select the powers that you’d like your agent to have.

5. Fill out your form and sign it in the presence of a notary. (You don’t need to notarize a health care proxy.)

6. Have your agent sign the POA, and give them a copy.

7. Store your POA in a safe place.

8. If you’ve created a POA for real estate, file a copy with your local land records office.

9. You may want to give a copy of your POA to financial institutions where your agent has authority, or for a health care proxy, to your doctors and other health care providers.

10. Review and update your POA as needed.

» MORE: Estate planning checklist: A 7-step guide