NY Est Pow & Trusts L § 13-2.3 (2021)
2021 New York Laws EPT - Estates, Powers and Trusts Article 13 - Other Provisions Affecting Estates Part 2 - Statute of Frauds Requirements 13-2.3 - Powers of Attorney in Relation to Decedents' Estates Required to Be in Writing and Recorded

§ 13-2.3 Powers  of  attorney in relation to decedents' estates required            to be in writing and recorded  (a) Every power of attorney relating to an interest  in  a  decedent's estate  and  every conveyance or assignment of an interest in an estate, or  similar  instrument,  which   contains   an   express   or   implied authorization  or  delegation  of  power  to  act thereunder shall be in writing and acknowledged or proved in the manner prescribed by the  laws of  this  state  for the recording of a conveyance of real property and, subject to the rules or order of  the  surrogate  hereinafter  provided, shall  be  recorded  in  the office of the surrogate granting letters on such decedent's estate or, if no such letters have been granted, in  the office  of  the  surrogate  having  jurisdiction  to  grant  them.  Such recording confers on the surrogate jurisdiction over the grantor of such power of attorney, the attorney in fact  therein  named  and  any  other person  acting  thereunder.  No  attorney  in fact named in any power of attorney or in such other instrument nor any  person  acting  thereunder shall  perform  any  act  under  such instrument unless it has been duly recorded.  (b) The surrogate may:  (1) Prescribe by rules of court  or  by  order,  consistent  with  the provisions  of  this section, the form, content, manner of execution and the conditions attached to the recording of every such instrument.  (2) Inquire into and determine the validity of every  such  instrument and  require  proof of the amount of compensation or expenses charged or to  be  charged  by  the  attorney  in  fact  and  every  person  acting thereunder.  (3)  In  a  proceeding  authorized  by SCPA 2112 or in any appropriate proceeding, fix and determine the validity and  reasonableness  of  such compensation  and expenses, whether or not the same have been previously fixed by agreement and  whether  or  not  fixed  in  the  instrument  so recorded, or otherwise.  (4)  Prescribe  regulations  and exact a bond or undertaking to assure the payment of funds to the principal.  (c) Notwithstanding any  provision  contained  therein,  no  power  of attorney  or  other  instrument which designates an agent to act for the principal  shall  be  irrevocable,  nor  shall  any  agreement  for  the compensation  of,  or the payment of expenses by the attorney in fact or other person acting under the instrument create a power coupled with  an interest  in  the  subject matter of the agency or render the instrument irrevocable.  (d) Nothing contained herein shall authorize the practice of law by an attorney in fact or other person acting under an instrument described in this section, who is not an attorney duly licensed to  practice  law  in the state of New York.  (e)  Notwithstanding  the  provisions of any other statute or rule, no instrument containing a delegation of powers,  assignment  of  interest, fee  arrangement,  or  any  instrument  of  like  import created for the purpose of participating on behalf of an individual in  any  application seeking  the  recovery  of property pursuant to section fourteen hundred sixteen of the abandoned property law or section thirteen hundred ten of the surrogate's court procedure act, nor any power of attorney, shall be accepted  for  filing  or  recording  by  the  surrogate's  court  of  a particular  county  unless  the  amount  at  issue  is  in excess of one thousand dollars or a fiduciary, as that term is defined by  subdivision twenty-one  of  section  one  hundred  three  of  the  surrogate's court procedure act, has been appointed, or a proceeding for  the  appointment of a fiduciary is pending in such court. The provisions of paragraph (b)  of  this  section shall apply to all instruments eligible for filing and recording hereunder.