New York power of attorney allows for a person to be able to handle another’s financial or medical affairs within the State. Depending on which form is authorized (Durable/General is ONLY for monetary related situations and the medical is for ONLY health care) he or she will be able to make decisions in the best interests of the person being represented. All documents must be authorized in front of a notary public or two (2) witnesses in order to be legal.
Durable General – The most common power of attorney document. The statutory short form allows a person (“Principal”) to be able to select someone else (“Attorney in Fact”) to handle financial decisions as outlined in the document. All situations and decisions must be for the best interests of the Principal and if the Principal should become in a state of mind where he or she can no longer think for themselves (incapacitated) this document remains valid and is not affected.
If the principal would like the agent selected to have the right to make “gifts” in the name of the principal, according to 5-1503 the Gift Rider would need to be signed and attached.
Medical – This type of power of attorney allows you to select another person to have the legal right to make any type of medical treatment decision to your favor. The document does not become legal unless you cannot speak for yourself and it must be signed in the witness of at least two (2) people or a notary public in order to be legally acceptable.
Revocation Form – Simple form that is used for the principal to cancel any power of attorney document that is in existence. After completing the principal should send copies to all public and private institutions where the original document may still be in use.
State Tax Filing Representative – Allows a person to be able to handle another’s State tax filing with the New York Department of Revenue. It is recommended that the person you choose be a trusted individual (CPA or tax attorney is recommended) that is knowledgeable with the filing laws of New York.
Related Power of Attorney Documents