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Total Life Choices (TLC) provides free legal services to promote and protect the dignity of each individual.  TLC attorneys and volunteers empower individuals in articulating and documenting crucial lifetime, incapacity, and end-of-life choices through education and legal planning.  TLC counsels families on complex court procedures for probate, administration and guardianship.

 

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Total Life Choices (TLC)
New York Legal Assistance Group
7 Hanover Square, 18th Floor
New York, NY 10004

Phone: (212) 613-5000
Fax: (212) 714-7402

Power of Attorney (General Obligations Law § 5-1501B)

GOB § 5-1501B.  Creation of a valid power of attorney; when effective.


1. To be valid, a statutory short form power of attorney, or a non-statutory power of attorney, executed in this state by an individual, must:    
(a)    Be typed or printed using letters which are legible or of clear type no less than twelve point in size, or, if in writing, a reasonable equivalent thereof.
(b)    Be signed and dated by a principal with capacity, with the signature of the principal duly acknowledged in the manner prescribed for the acknowledgement of a conveyance of real property.
(c)    Be signed and dated by any agent acting on behalf of the principal with the signature of the agent duly acknowledged in the manner prescribed for the acknowledgement of a conveyance of real property. A power of attorney executed pursuant to this section is not invalid solely because there has been a lapse of time between the date of acknowledgment of the signature of the principal and the date of acknowledgement of the signature of the agent acting on behalf of the principal or because the principal became incapacitated during any such lapse of time.
(d)    Contain the exact wording of the:
(1)    “Caution to the Principal” in paragraph (a) of subdivision one of section 5-1513 of this title; and
(2)    “Important Information for the Agent” in paragraph (n) of subdivision one of section 5-1513 of this title.

2.    In addition to the requirements of subdivision one of this section, to be valid for the purpose of authorizing the agent to make any gift or other transfer described in section 5-1514 of this title:
(a)    a  statutory short form power of attorney must contain the authority (SMGR) initialed by the principal and be accompanied by a valid statutory major gifts rider; and
(b)    a non-statutory power of attorney must be executed pursuant to the requirements of paragraph (b) of subdivision nine of section 5-1514 of this title.

3.    (a) The date on which an agent’s signature is acknowledged  is  the effective  date  of  the  power  of attorney as to that agent; provided, however, that if two or more agents are designated to act together,  the power  of  attorney  takes effect when all the agents so designated have signed the power of attorney with their signatures acknowledged.
(b) If the power of attorney states that it takes effect upon the occurrence of a date or a contingency specified in the document, then the power of attorney takes effect only when the date or contingency identified in the document has occurred, and the signature of the agent acting on behalf of the principal has been acknowledged. If the document requires that a person or persons named or otherwise identified therein declare, in writing, that the identified contingency has occurred, such a declaration satisfies the requirement of this paragraph without regard to whether the specified contingency has occurred.

4.    Nothing in this title shall be construed to bar the use of any other or different form of power of attorney desired by a person other than an individual as the term person is defined in section 5-1501 of this title.

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TLC PRESENTATIONS


Total Life Choices provides free legal education seminars and trainings on legal planning to community groups and medical and social service professionals. To schedule a TLC presentation, contact Tina Janssen-Spinosa, Esq. at (212) 613-5062 or .(JavaScript must be enabled to view this email address)

 

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