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New York power of attorney
As of October 26, 2026, New York has a statutory short form power of attorney; the principal’s signature is acknowledged and witnessed by two non-agents, and the agent signs too.1,2
Under New York General Obligations Law § 5-1501B, the principal’s signature on a power of attorney is acknowledged in the manner prescribed for a conveyance of real property.2
Under New York Real Property Law § 294, a power of attorney to convey real property may be recorded with the recording officer of any county where that property is located.3
New York at a glance
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Preview of the document
Power of Attorney
State of New York
1. Important notice to the principal
This power of attorney is an important legal document. It lets the person you choose (your “agent”) act for you in the money and property matters described below, which can include spending your money and selling or managing your property without asking you first.
2. Principal and agent
I, Principal, of Principal’s address (the “principal”), appoint Agent, of Agent’s address, as my agent (also called my attorney-in-fact) to act for me as stated in this power of attorney.
3. Powers granted
4. Special powers
5. Gifts
6. Benefits to my agent
7. Limits and special instructions
8. When it starts and how long it lasts
9. Revoking this power of attorney
10. Successor agent
11. Expenses and pay
12. Agent’s duties
13. People who rely on this document
14. Governing law
15. Agent’s acceptance
16. Signatures, witnesses and notary
Sections 3–16 unlock after purchase. Prepared with SimplePaperwork, which is not a law firm.
New York’s rules, with sources
- State form
- New York General Obligations Law § 5-1513 sets out the statutory short form power of attorney, and a document may use that form or one that substantially conforms to it.1
- New York requires a power of attorney to be typed or printed in clear type no smaller than 12 point, or in legible letters.2
- The New York statutory short form tells the principal that the agent cannot make health care decisions, which take a separate Health Care Proxy.1
- Under the New York statutory short form, authority for the agent to make gifts to himself or herself has to be granted expressly in the Modifications section.1
- Signing
- Under New York General Obligations Law § 5-1501B, the principal’s signature on a power of attorney is acknowledged in the manner prescribed for a conveyance of real property.2
- A New York power of attorney must be witnessed by two people who are not named in it as agents or as permissible recipients of gifts.2
- In New York, the person who takes the principal’s acknowledgment may also serve as one of the two witnesses.2
- Each New York agent also signs and dates the power of attorney, and the agent’s signature must be acknowledged.2
- The New York statutory short form warns that the agent can act only after signing the power of attorney before a notary public.1
- Deadlines
- A New York third party presented with a properly executed statutory short form power of attorney must honor it, reject it in writing with reasons, or ask for the agent’s affidavit no later than the tenth business day after presentation.4
- If a New York third party asks the agent for an acknowledged affidavit that the power of attorney is in full force, it must honor the power of attorney within seven business days after receiving a compliant affidavit, absent reasonable cause.4
- Where it is filed
- Under New York Real Property Law § 294, a power of attorney to convey real property may be recorded with the recording officer of any county where that property is located.3
- If a New York power of attorney was recorded, the principal must also record the revocation in the office where the power of attorney is recorded.5
- Law
- Under New York General Obligations Law § 5-1501A, a power of attorney is durable unless it expressly says it ends when the principal becomes incapacitated.6
- In New York, a power of attorney takes effect as to each agent on the date that agent’s signature is acknowledged.2
- New York allows a power of attorney that takes effect on a date or contingency named in the document; it then takes effect only once that date or event has occurred.2
- A New York principal may revoke a power of attorney by delivering the revocation to the agent in person or by sending a signed and dated revocation by mail, courier, electronic transmission or fax to the agent’s last known address.5
- New York General Obligations Law § 5-1504 bars a third party in the state from refusing, without reasonable cause, a statutory short form power of attorney properly executed under § 5-1501B.4
Questions about a New York power of attorney
Is there an official New York power of attorney form?
Yes. General Obligations Law § 5-1513 prints the form, titled “Power of Attorney New York Statutory Short Form,” and a document that substantially conforms to it also qualifies. It must be in clear type of at least 12 point.
The form’s caution to the principal says the agent cannot make health care decisions, which belong in a Health Care Proxy, and gifts by the agent to himself or herself must be written into the Modifications section.1,2
How is a New York power of attorney signed?
The principal signs, initials and dates it, and the signature is acknowledged the way a deed is. Two witnesses sign as well; neither can be named in the document as an agent or a permitted recipient of gifts, and the person taking the acknowledgment may be one of them.
The agent then signs and dates it with an acknowledged signature. The statutory form tells the principal that the agent can act only after signing before a notary public.1,2
Does a New York power of attorney survive incapacity, and can it start later?
It is durable by default: it keeps working if the principal becomes incapacitated unless it expressly says otherwise.
It normally takes effect, for each agent, on the date that agent’s signature is acknowledged. The principal may instead tie it to a date or contingency named in the document, and then it takes effect only once that happens.2,6
How long does a bank have to accept a New York power of attorney?
Ten business days after presentation of a properly executed statutory short form: by then it must honor it, reject it in a writing that gives reasons, or ask the agent for an acknowledged affidavit that the power is still in effect.
After a requested affidavit arrives, the third party has seven business days to honor the document unless it has reasonable cause. Refusing only because the power of attorney is not on the third party’s own form is not reasonable under § 5-1504.4
Does a New York power of attorney have to be recorded?
Real Property Law § 294 says a power of attorney to convey real property may be recorded in any county where the property is located.
Once a power of attorney has been recorded, a revocation must be recorded in the same office.3,5
What to have at hand
- Full legal names and addresses of principal and agent
- Which powers the agent gets, and any limits
- When it starts and whether it continues if the principal becomes incapacitated
- A successor agent, if you want one
Health care decisions usually take a separate document (a health care power of attorney or advance directive).
Frequently asked questions
Can a New York agent make health care decisions?
Not under a power of attorney. The statutory short form tells the principal that the agent cannot make health care decisions and that a Health Care Proxy is the document for that.1
When does a New York power of attorney end?
Section 5-1511 lists the events, including the principal’s death, the principal’s revocation, the principal’s incapacity when the document is not durable, the agent being unable or unwilling to serve with no co-agent or successor, the purpose being accomplished, or a court order.5
Where this information comes from
New York’s rules above come from the state’s own statutes, agency pages and forms, read on the date shown. A rule that passes its review date without a new check is removed automatically.
- New York General Obligations Law Section 5-1513, Statutory short form power of attorney Open the official page (opens in a new tab) ↩
- New York General Obligations Law Section 5-1501B, Creation of a valid power of attorney; when effective Open the official page (opens in a new tab) ↩
- New York Real Property Law Section 294, Recording executory contracts and powers of attorney Open the official page (opens in a new tab) ↩
- New York General Obligations Law Section 5-1504, Acceptance of and reliance upon acknowledged and witnessed statutory short form power of attorney Open the official page (opens in a new tab) ↩
- New York General Obligations Law Section 5-1511, Termination or revocation of power of attorney; notice Open the official page (opens in a new tab) ↩
- New York General Obligations Law Section 5-1501A, Power of attorney not affected by incapacity Open the official page (opens in a new tab) ↩
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