» » New York Power of Attorney Forms

New York Power of Attorney Forms

Create a high quality document online now!

A New York Power Of Attorney provides different ways for an individual to give another the right to represent him or her in a variety of matters. There are different occasions that call for the use of a POA, so there are different forms. Some forms allow an individual to appoint someone with the authority to act on a broad range of financial transactions. Others are more limited and relate to specific events or transactions, while others relate to children and health care. In all these situations, the individual conferring this right or Principal Power will need to make every effort to choose a reliable and trustworthy Agent, have a clear idea of what types of Principal Power should be granted, and when such authority should go in effect. These templates will be versatile enough to handle most, if not all, situations where a Principal will grant an Agent Power and comply with  Article 5, Title 15 of the New York Statutes.

Types

Durable Power of Attorney – Allows a principal to confer the power to act across a broad range of financial matters. It basically allows someone to act on your behalf with regard to all of your financial affairs. This type of form stays in effect even if you become mentally incapacitated and unable to act for yourself.

General Power of Attorney – Used similarly to the durable power of attorney. It also grants broad financial powers over a person’s financial affairs, but the difference is that it automatically terminates upon the incapacity of the creator of the POA.

Limited Power of Attorney – This type is for limited transactions and circumstances. Usually, it is used if the principal is going to be for a temporary period of time when a transaction, like a closing, is supposed to take place. This allows the closing to proceed by having a proxy act in the principal’s place.

Medical Power of Attorney (Health Care Proxy) – This form is also limited, in that it is only used in healthcare situations. The principal appoints a friend or relative who they trust to follow their health care wishes when they are unable to act or communicate for themselves and who they think knows them well enough to act as they would act if they were able to make the decisions.

Minor Child Power of Attorney – This form is used by parents when they anticipate being away from their children for a period of time and they want their child’s caretaker to have the ability to make decisions on behalf of their children in the event the parents can’t be reached.

Revocation of Power of Attorney – This form is used when a principal desires to have an existing POA terminated. It is important that in addition to filling out this form that you provide copies of it to your agent and others who may be relying on the original POA.

Real Estate Power of Attorney – For the use of an individual seeking to hand over their rights in relation to real property that they own. The owner may also make decisions in reference to the property but the agent selected will also have the same powers even if the principal should become incapacitated.

Tax Power of Attorney – This form is used to appoint a tax professional in order to allow them to act on your behalf with the New York state tax authority.

Vehicle Power of Attorney – In the event that you want to have someone represent your interests in front of the motor vehicle authority in New York with regard to titling and registering a vehicle, you can use this form.

 

HOW TO WRITE

1 – Download This New York Paperwork To Delegate The Principal’s Authority

The form on this page will act as a template that can be used at any time upon the discretion of the Principal. To obtain a workable copy in the format most compatible with your machine, select the appropriately labeled button in the caption area below the preview.

2 – Formally Designate Each Attorney-in-Fact With Principal Power

Before this form is prepared for Principal Attention, the introduction, part “(a),” must be read to comprehension by the Principal.

Once he or she has completed this task, part “(b)” will have to be supplied with some information imperative to the purpose of this document. Part “(b)” is composed of a statement where the Principal will name the intended Recipient or Agent of his or her Authority. This individual(s) will be able to use the Authority that will be approved for delegation (through this paperwork) to the extent the Principal can. Since this is a statement of declaration it will require some pertinent information regarding this action placed to support its structure. To this end, find the first blank line then, supply the Principal’s Full Name. The second and third blank areas of this opening statement will call for the Mailing Address and City where the Principal may be contacted supplied to them. It will be assumed this Address is a New York Address. As mentioned earlier, the Principal named in this statement will be using this paperwork as documentation of his or her intent to give an Agent the Authority to act on his or her behalf. Naturally, the Name of this Recipient of Principal Power should be adequately provided here. After the terminology “…Hereby Appoint,” record the Agent’s Full Name. The Mailing Address and City of each Agent receiving Authority should be entered onto the next two empty lines.

It is imperative that each Agent the Principal expects to wield Authority be named here. This will be handled for the other Agents in the area under the bold heading “Initial (1).” If there are no other Agents, the Principal should initial the space that precedes “There Shall Be No Other Agents.”

If there will be additional Agents who will act with the Authority of the Principal then, provide in the second statement of this section. The Agent’s Full Name, Mailing Address, and City on the three blank spaces within this statement (after the words “…Agent Known As”). The Principal must initial this statement once this information has been supplied. If there is more than one Agent by default they may only act using Principal Authority jointly. If the Principal has determined, they should be able to act independently of each other (without consulting each other for agreement) then the Principal must initial the statement “My Agents May Act Separately.” An optional section where the Principal can designate one or more Agents that will be held in reserve has been included with this paperwork in part “(c) Designation Of Successor Agent(s).” If the Principal has determined that no such entities need to be named, then he or she should initial the statement “There Shall Be No Successor Agents.” If the Principal wishes to have an individual ready to receive and wield Principal Authority only if the Primary Agent(s) cannot use Principal Power (for any reason) then such an entity must be appropriately identified using the empty spaces in the second statement. Here, the Name, Mailing Address, and City of the first Successor Agent should be furnished to these areas. Once this information has been successfully submitted the Principal should initial the blank space at the start of this statement) just before the words “There Shall Be A Successor Agent Known As…” The third statement in this part will enable the Principal to have an entity named to assume Principal Authority should neither the Primary Agent(s) and Successor Agent above are unable to represent the Principal with Principal Authority. To name this entity, record the Second Successor Agent’s Name, Mailing Address, and City on the three empty spaces within this statement’s structure. In order for this statement to be valid, the Principal must initial the space attached to the left of it. If the Successor Agent(s) named above should use Principal Power independently of other Agents, the Principal should initial the statement “My Successor Agents May Act Separately.” If not, then he or she should leave this statement unmarked. An additional area to this part has been presented after the statement “You May Provide For Specific Succession Rules In This Section.” Normally, the Successor Agents named above will be eligible to receive Principal Power in the order they have been documented. If the Principal prefers such a granting of his or her Authority to occur in a different fashion, the Principal Instructions for this should be produced on the blank space after the sentence “Insert A Specific Succession Provisions Here.”

3 – The Principal Must Determine Then Approve Individual Powers To The Agent(s)

The next part of this document requiring definition will be “(F) Grant Of Authority.” This part has been developed to include a list of Principal Power Descriptions. Any or all of these Principal Powers can be assigned to the Agent’s use when acting on the Principal’s behalf but only with the direct approval of the Principal. Such Approval can only be granted through the Principal’s initials. That is, the Principal must initial the blank space to each Power Description to be included when defining the Agent’s Principal Powers or Authority. If the Principal wishes to grant specific Principal Powers but not all of them to the Agent, he or she should go through this list, initialing the items to be delivered to the Agent. For example, he or she can initial Power Descriptions “(A),” “(D),” and “(F)” to grant the Agent the Principal Power to perform transactions only in “Real Estate,” “Banking,” and “Insurance” on his or her behalf while restricting all other items from the Agent’s Principal Abilities. Note: The Principal should not initial “(P)” if he or she has initialed any of the previous Powers Descriptions (A through O). In some cases, it may be preferable to initial one line and list the letters corresponding to the Power Description that must be granted to the Agent. This convenience should only be employed if none of the Power Descriptions (labeled A through O) have been initialed. Thus, in our example the Principal would initial the blank space preceding the letter “(P)” then enter the letters “(A),” “(D),” and “(F)” to grant the Agent the Principal Powers to engage in “Real Estate,” “Banking,” and “Insurance Transactions” on behalf of the Principal.

4 – Specific Provisions And Powers Should Be Addressed

This directive should be a reliable description of the Powers the Principal wishes to appoint the Agent. In part “(G) Modifications,” a report on any additions, restrictions, or instructions the Principal wishes included and applied to this delegation of Authority should be furnished. Some space has been set aside for this however if you are working with a paper copy and more room is necessary, you may include this report on a clearly labeled attachment (making sure to cite that attachment by name in this section. If the Principal intends to include a “Statutory Gifts Rider” to define the Agent’s Principal Gift Powers, then he or she should initial the “(SGR) I Grant My Authority” in part “(H) Certain Gift Transactions: Statutory Gifts Rider.” In some cases, the Principal will deem it appropriate the Agent have some form of accountability when dealing with Principal Matters. If this is such a delegation, the Principal should attend to part “(I) Designation Of Monitor(s).” The Name and Address of each Monitor who can request a “Record Of All Transactions Done Or Made” by the Agent on the Principal’s behalf should be recorded. The Principal must initial the statement in this section to apply it. In part “(J) Compensation Of Agent(s)” the Principal will have the ability to approve the Agent’s Principal Action of Reimbursing the Agent for his or her expenses when representing the Principal. If the Principal would like to deliver this type of Authority to the Agent’s control then, he or she should initial the blank space corresponding to the statement “My Agent(s) Shall Be Entitled To Reasonable Compensation For Services Rendered.”

5 – The Principal Signing Is The Only Method Of Execution To Set This Paperwork In Motion

Naturally, since the Agent who is granted the right to act on the Principal’s behalf using Principal Authority can have a profound effect on the Principal’s finances, this appointment will need to be executed with the authorizing signature of the Principal. This process will take place in “(M) Signature And Acknowledgment.” The Principal will need to document when he or she signs this document beforehand using the blank lines following the words “…Hereunto Signed My Name On” to record the current Calendar Date. As soon as the Principal has entered the current Date, he or she must sign the blank line “Principal’s Signature.” The next entity to handle this document will be the Notary Public who verify this signing through the process of Notarization.

6 – The Agent’s Official Acknowledgment Must Accompany The Principal Signing

The Agent who receives Principal Authority will need to read parts “(N) Important Information For the Agent” and “(O) Agent’s Signature And Acknowledgment Of Appointment.” In part “(O),” the Agent’s Name should be displayed in Print on the first blank line of this section. Once each Agent has read this section well enough to agree to it, the Agent(s) must sign one of the “Agent(s) Signature” line. A section for the Notary Public to work with has been included below the Agent Signature area. Similarly, each Successor Agent will have to read part “(N) Important Information For the Agent” and tend to part “(P) Successor Agent’s Signature And Acknowledgment Of Appointment.” Make sure each Successor Agent’s Full Name is recorded on the first blank space in part “(P).”  Every Successor Agent named in this document will need to sign a unique “Successor Agent(s) Signature” line. Once each Successor Agent has supplied his or her Signature, this document must be turned over to the attending Notary Public, so it may be notarized.

7 – An Optional Statutory Gifts Rider Can Be Included In These Principal Powers

The Principal can extend the terms described in Power Description “(I)” by completing and including the “Power Of Attorney New York Statutory Gifts Rider Authorization For Certain Gift Transactions.” First, he or she must read the entire Rider then decide which extensions and modifications he or she would like to make by initialing the appropriate descriptions in part “(A) Grant Of Limited Authority To Make Gifts,” “(B) Modifications,” and “(C) Grant Of Specific Authority For An Agent To Make Gifts To Himself Or Herself.” Only the areas initialed by the Principal will be applicable to the Agent’s Powers. All unmarked areas will be excluded. Part “(E) Signature Of principal And Acknowledgment” will be the execution area of this Rider, where the Principal must supply his or her Date of Signature and Signature. The final area here is strictly for the notarization process.

Part “F Signatures Of Witnesses” requires attention from both the Witnesses present when the Principal signs the Rider. Each one must supply his or her Signature, Signature Date, and Address.

The Preparer of this paperwork should supply his or her Name on the blank space after the words “This Document Prepared By.”


ABOUT SSL CERTIFICATES