New York Power of Attorney Requirements & Free Form

New York requirements

• New York did not adopt the Uniform Power of Attorney Act. Financial powers of attorney are governed by General Obligations Law Article 5, Title 15 (Section 5-1501 and following), significantly amended in 2021.
• The principal must sign, initial and date the document, and the signature must be acknowledged before a notary public (GOL 5-1501B).
• Two witnesses must also be present at signing. The notary may serve as one of the two witnesses, but a witness cannot be someone named in the document as an agent or as a permissible recipient of gifts.
• The document must be typed or printed in legible type no smaller than 12 point.
• A New York power of attorney is durable by default: it survives the principal's incapacity unless the document expressly says incapacity terminates it (GOL 5-1501A).
• New York publishes a statutory short form in GOL 5-1513, and the agent also signs before a notary before acting. Our template is a general purpose document; for New York use, compare it against the statutory form language.

Frequently asked questions

How many witnesses does a New York power of attorney need?

Two. Since the 2021 amendments, the principal signs before a notary and two witnesses. The notary can double as one witness, and anyone named as an agent or gift recipient in the document is disqualified from witnessing.

Is a New York power of attorney durable by default?

Yes. Under GOL 5-1501A the power of attorney remains effective if the principal becomes incapacitated, unless the document expressly provides that incapacity terminates it.

Official sources

• https://www.nysenate.gov/legislation/laws/GOB/5-1501B
• https://www.nysenate.gov/legislation/laws/GOB/5-1501A
• https://www.nysenate.gov/legislation/laws/GOB/5-1513