Updated August 3, 2026. Quick answer: GOL § 5-1501B requires the POA to be signed, initialed and dated by the principal, with the signature ‘duly acknowledged in the manner prescribed for the acknowledgment of a conveyance of real property’ (notarized) AND witnessed by two persons who are not named in the instrument as agents or as permissible recipients of gifts; since the June 13, 2021 amendment, the agent must also separately sign and acknowledge the instrument, and the POA is not effective as to that agent until the agent’s signature is acknowledged. Directly re-verified against current statutory text.. This state publishes a free official form, linked below. A power of attorney here is durable by default — it survives incapacity unless it says otherwise.
| Execution | GOL § 5-1501B requires the POA to be signed, initialed and dated by the principal, with the signature ‘duly acknowledged in the manner prescribed for the acknowledgment of a conveyance of real property’ (notarized) AND witnessed by two persons who are not named in the instrument as agents or as permissible recipients of gifts; since the June 13, 2021 amendment, the agent must also separately sign and acknowledge the instrument, and the POA is not effective as to that agent until the agent’s signature is acknowledged. Directly re-verified against current statutory text. |
| Statutory form | Yes — General Obligations Law (GOL) § 5-1513 (Statutory short form power of attorney) |
| Durability | Durable by default |
| Who may not witness | any person named in the instrument as an agent, and any person named as a permissible recipient of gifts under the instrument |
| Agent must accept in writing | No |
| Statute | General Obligations Law, Article 5, Title 15, §§ 5-1501 through 5-1514, substantially amended effective June 13, 2021 by L.2020, ch.323 |
What decides whether the document is valid
GOL § 5-1501B requires the POA to be signed, initialed and dated by the principal, with the signature ‘duly acknowledged in the manner prescribed for the acknowledgment of a conveyance of real property’ (notarized) AND witnessed by two persons who are not named in the instrument as agents or as permissible recipients of gifts; since the June 13, 2021 amendment, the agent must also separately sign and acknowledge the instrument, and the POA is not effective as to that agent until the agent’s signature is acknowledged. Directly re-verified against current statutory text. Get this wrong and the document is not merely weak — it may be void, and you will find out at the moment somebody needs to use it.
Who may not witness: any person named in the instrument as an agent, and any person named as a permissible recipient of gifts under the instrument This is the condition that most often fails in practice, because the people in the room are usually the people with an interest.
The free official form
New York publishes a form at no cost: the official New York power of attorney form. For a straightforward appointment this is usually all you need, and there is no reason to pay for a copy of it.
Durability — the point most people get wrong
Here a power of attorney is durable by default: it keeps working after the principal loses capacity unless the document says it should not. That is the opposite of the historical rule and it is why old advice about needing magic words can mislead.
Why a springing power often fails when it is needed, and why durable is usually the better default.
If a bank refuses it
New York addresses this by statute: GOL § 5-1504: a third party may not, without reasonable cause, refuse to honor a properly executed statutory short form POA; within 10 business days of presentation the third party must honor it or reject it in writing with reasons. Valid refusal grounds include suspected fraud, actual knowledge of death/incapacity/revocation, an elder-abuse report, or unmet certification/translation/opinion requests. Unreasonable refusal may draw a court order to honor the POA plus damages including reasonable attorney’s fees and costs.
What the form does not solve
- Social Security will not accept it. No power of attorney works there — a representative-payee application is the only route.
- It has to be signed while capacity is intact. The day that closes, the alternative is a court.
- Name a successor agent. A document whose only named agent has died or declined does nothing — how to choose when there is no obvious person.
All 51 jurisdictions compared.
If the free form does not fit your situation
Use the official form above first — it is free, it is written to satisfy this state’s own statute, and for a straightforward appointment it is usually all that is needed. Software is worth paying for when the situation outgrows a fixed form: co-agents, successor agents, limits on gifting, or a bank that has already given you trouble. LawDepot builds a state-specific power of attorney executed under this state’s witnessing and notary rules.
LawDepot pays us a commission if you buy through this link — it costs you nothing extra. We are not a law firm and this is not legal advice. Affiliate Disclosure.
General information drawn from IRS, Medicare, HUD and state statute and regulation, not legal, tax or financial advice. Continuing-care law is state law and differs materially between states; every figure here is year-labelled and every source named. Powers of attorney, guardianship and trusts are governed by STATE law and differ materially between states. Execution requirements decide whether a document is VALID, so verify them against your own state’s current statute before signing anything. We are not a law firm and this is not legal advice.