Power of Attorney in New York

The New York statutory form

New York Statutory Short Form Power of Attorney : GOL §5-1513. The June 13, 2021 form (substantial-compliance standard; gifting is authorized in the modifications section rather than a separate gifts rider).

The statutory form is the one banks and recorders in New York see most often, and the one the statute requires third parties to accept when it is properly signed. A lawyer-drafted power of attorney is equally valid if it is executed the same way.

How to sign a power of attorney in New York

A power of attorney must be signed, dated and acknowledged before a notary by the principal and signed by two witnesses (GOL §5-1501B). The agent must also sign before a notary, but may do so later.

Two witnesses plus the notary; the notary may serve as one of the witnesses.

Who may not witness

• The agent
• Anyone named in the form as a permitted recipient of gifts

The form must contain the statutory “Important Information for the Principal” and “Important Information for the Agent” notices; a third party who unreasonably refuses a valid statutory form can be ordered to accept it and pay damages (§5-1504).

Online notarization in New York

New York's own remote online notarization began January 31, 2023 (Executive Law §135-c). New York recognizes an acknowledgment taken outside the state before an authorized officer (Real Property Law §299, §299-a), which is how an online notarization performed under Florida law is honored; a certificate of conformity may be requested for recording.

Rush Notary’s notaries are commissioned online notaries public in Florida and notarize for New York signers over live video under Florida’s remote online notarization law. The certificate they complete is a Florida certificate; New York honors it under the recognition rule above. Your witnesses can join the same session from anywhere in the United States. Details for this state are on the New York online notarization requirements page.

Using it for real estate

A power of attorney used for a deed must be acknowledged and recorded with the county clerk or city register before or with the deed (Real Property Law §294); out-of-state acknowledgments usually need a certificate of conformity (RPL §299-a).

Title companies also ask the agent to sign an affidavit at closing that the principal is alive and the power has not been revoked, and lenders review the document before closing. See the real estate power of attorney page.

Medical power of attorney in New York

A New York health care proxy (Public Health Law §2981) must be signed before two adult witnesses; no notary is required. The agent may not witness.

What a health-care agent can decide, and how the document differs from a living will, is on the medical power of attorney page.

Revoking a New York power of attorney

Revoke by a signed and dated writing delivered to the agent and to any third party relying on the power (GOL §5-1511); record it where the power was recorded.

Using a power of attorney for a birth or death certificate in New York

Whether an agent can request a certified copy of a New York birth, death or marriage record under a power of attorney, and what the application itself needs, is on the New York vital records page. The power of attorney for vital records page covers how to draft one.