Power of attorney in New York: form, signing and powers

The form, the signing rules, durable or not, and what an agent can do in New York, from New York law.

Checked against official sources: October 31, 2026.

Short answer

New York General Obligations Law, Article 5, Title 15

Official form
Power of Attorney New York Statutory Short Form
How to sign
Notarized and signed in front of two witnesses
Durable unless it says otherwise?
Yes: it continues if you lose capacity unless it says otherwise.
Uniform Power of Attorney Act
No

Words used in New York

In New York you name an agent for money and property in a power of attorney, and a health care agent in a separate health care proxy. A power of attorney cannot be used for health care decisions. If an adult cannot manage and has no plan, a court can appoint an Article 81 guardian with only the powers needed.

An agent (also called an attorney-in-fact) is the person you choose to act for you. You are the principal.

Money and property
Power of attorney (New York Statutory Short Form or non-statutory power of attorney)
The person you choose
Agent
Health care
Health care proxy (appointing a health care agent)
Court-appointed decision-maker
Guardian of the person and/or property under Mental Hygiene Law Article 81 (or a guardian under Surrogate's Court Procedure Act Article 17-A for people with intellectual or developmental disabilities)

Law and official form

Law
New York General Obligations Law, Article 5, Title 15
Uniform Power of Attorney Act
No
Official form
Power of Attorney New York Statutory Short Form (Gen. Oblig. Law § 5-1513)Published by New York State Senate (official statute text, Open Legislation)

You do not have to use it.

You can use the statutory short form or a non-statutory power of attorney; both must meet the same signing rules and include the 'Caution to the Principal' and 'Important Information for the Agent' wording. Gifts of more than $5,000 a year in total, gifts to the agent, changes to interests in your property, and pay for the agent must be written in the Modifications section.

Law: N.Y. Gen. Oblig. Law § 5-1501 et seq; N.Y. Gen. Oblig. Law §§ 5-1501B, 5-1503, 5-1513

Signing rules

How to sign

Sign, initial and date the power of attorney before a notary public and two qualified witnesses (the notary can be one of them). Your agent then signs it before a notary before acting.

Who signs

Signed, initialed and dated by you, or in your name by another person (not your agent or successor agent) in your presence and at your direction.

Notary
Required
Witnesses
2
Who cannot witness

You need a notary acknowledgment AND two witnesses who sign in your presence. The witnesses cannot be people named in the document as agents or as people allowed to receive gifts. The notary who takes the acknowledgment may also be one of the two witnesses. Printed in letters at least 12-point size.

Agent's acknowledgment

Required. Each agent must sign and date the power of attorney with their signature acknowledged before a notary. The power of attorney takes effect as to an agent on the date that agent's signature is acknowledged.

Law: N.Y. Gen. Oblig. Law § 5-1501B

Durable and springing

Is it durable?

A New York power of attorney is durable unless it expressly says it ends if you become incapacitated.

Law: Gen. Oblig. Law § 5-1501A

Durable unless it says otherwise?
Yes: it continues if you lose capacity unless it says otherwise.
Starting later (springing)

A power of attorney can say it takes effect on a date or when a stated contingency happens. If it names a person to declare in writing that the contingency has occurred, that written declaration is enough. It still takes effect only after the agent's signature is acknowledged.

Law: Gen. Oblig. Law § 5-1501B(3)

What an agent can and cannot do

Needs express permission
  • Gifts to the agent
  • Gifts above $5,000 total per calendar year (smaller customary gifts are covered by 'personal and family maintenance')
  • Other gift transactions and changes to interests in your property, such as creating or changing joint ownership or beneficiaries
  • Compensation for the agent
  • Revoking earlier powers of attorney
No power of attorney can

A power of attorney cannot authorize health care decisions; that requires a health care proxy.

Law: Gen. Oblig. Law § 5-1513, 'Caution to the Principal'

Law: N.Y. Gen. Oblig. Law §§ 5-1502I, 5-1503, 5-1505(2)(a)(2), 5-1506, 5-1511(6), 5-1513(g), (h)

Agent duties, pay and court review

Agent duties
  • Use the care a prudent person would use with someone else's property
  • Follow your instructions, or act in your best interest, and avoid conflicts of interest
  • Keep your property separate from their own (with limited exceptions for joint property)
  • Keep a record of all receipts, payments and transactions
  • Give the record and a copy of the power of attorney within 15 days of a written request by a monitor, co-agent, successor agent, investigating government agency, court evaluator, guardian or personal representative
  • Sign showing they act as agent
Agent pay

The agent is reimbursed for reasonable expenses, but gets compensation only if the power of attorney specifically provides for it.

Law: Gen. Oblig. Law § 5-1506

Asking a court to review an agent

A monitor, co-agent or successor agent, investigating government agency, court evaluator, guardian, personal representative, the agent, your spouse, child or parent, your successor in interest, or a third party asked to accept the power of attorney can bring a special proceeding to compel records, decide validity or capacity, review compensation, remove the agent, or compel acceptance. You can also name a monitor who can request the agent's records.

Law: Gen. Oblig. Law § 5-1510; Gen. Oblig. Law § 5-1509

Law: N.Y. Gen. Oblig. Law §§ 5-1505, 5-1507

When it ends and how to revoke it

How to revoke a power of attorney in New York

Official forms in New York

Forms published by the state or its courts. You open them on the official site.

Financial power of attorney

Health care directive

Good to know in New York

  • A New York power of attorney needs a notary AND two witnesses (the notary can be one of them), and your agent must also sign before a notary before acting.

    Law: Gen. Oblig. Law § 5-1501B

  • Signing a new power of attorney does not cancel an old one unless the new one says so in the Modifications section.

    Law: Gen. Oblig. Law § 5-1511(6), § 5-1513(e)

  • Banks must accept or reject a properly signed statutory short form within 10 business days and give written reasons for rejecting it.

    Law: Gen. Oblig. Law § 5-1504

  • A health care proxy needs two adult witnesses but no notary; witnesses can take part by video.

    Law: Pub. Health Law § 2981

Changes in 2024–2026

The Office for People With Developmental Disabilities adopted supported decision-making regulations (14 NYCRR Part 634) in 2025 to implement Mental Hygiene Law Article 82.

Free help in New York

Report abuse or exploitation

Adult Protective Services (local departments of social services, overseen by the NYS Office of Children and Family Services)

Questions about powers of attorney in New York

What is a power of attorney called in New York?

Power of attorney (New York Statutory Short Form or non-statutory power of attorney). In New York you name an agent for money and property in a power of attorney, and a health care agent in a separate health care proxy. A power of attorney cannot be used for health care decisions. If an adult cannot manage and has no plan, a court can appoint an Article 81 guardian with only the powers needed.

Does a power of attorney have to be notarized in New York?

Sign, initial and date the power of attorney before a notary public and two qualified witnesses (the notary can be one of them). Your agent then signs it before a notary before acting.

Is there an official power of attorney form in New York?

Power of Attorney New York Statutory Short Form. You do not have to use it.

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