2023 New York Laws › GOB - General Obligations › Article 5 - Creation, Definition and Enforcement of Contractual Obligations › Title 15 - Statutory Short Form and Other Powers of Attorney for Financial and Estate Planning › 5-1501B - Creation of a Valid Power of Attorney; When Effective.

§  5-1501B. Creation of a valid power of attorney; when effective.  1.
To be valid, except as otherwise provided  in  section  5-1512  of  this
title,  a  statutory  short  form  power of attorney, or a non-statutory
power of attorney, executed in this state by a principal, 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, initialed and dated by a principal with capacity, or in
the name of such principal  by  another  person,  other  than  a  person
designated   as  the  principal's  agent  or  successor  agent,  in  the
principal's presence and at the principal's direction,  in  either  case
with the signature of the person signing duly acknowledged in the manner
prescribed  for  the acknowledgment of a conveyance of real property and
witnessed by two persons who are not named in the instrument  as  agents
or  as  permissible  recipients  of  gifts,  in  the manner described in
subparagraph two of paragraph (a) of section 3-2.1 of the estate, powers
and trusts law in the presence of the principal. The  person  who  takes
the  acknowledgement  under  this paragraph may also serve as one of the
witnesses. When a person signs at the direction of a principal he or she
shall sign by writing or printing the principal's name, and printing and
signing his or her own name.
(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  acknowledgment 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  or  dates
of  acknowledgment of the signature or signatures of any agent or agents
or successor agent or successor agents authorized to act  on  behalf  of
the  principal  or because the principal became incapacitated during any
such lapse of time.
(d) Substantially conform to the 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. Insubstantial variation in the  wording  of  the  "Caution  to  the
Principal" of paragraph (a) of subdivision one of section 5-1513 of this
title  or  of the "Important Information for the Agent" of paragraph (n)
of subdivision one of section 5-1513 of this title shall not  prevent  a
power  of  attorney  from  being  deemed a statutory short form power of
attorney or a non-statutory power of attorney.
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 such 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 of this title shall be construed to bar the use or validity
of any other or different form of power of attorney desired by a  person

other  than  a  principal  as  the  term principal is defined in section
5-1501 of this title.
5.  (a)  Notwithstanding  any  other  provision  of  this section, any
statutory short form power of attorney  and  any  statutory  gift  rider
executed  by a principal in the manner conforming with the law in effect
at the time shall remain  valid  and  enforceable  pursuant  to  section
5-1504  of  this  title,  even  if  signed  by an agent at a later date,
including but not limited to, being signed on or after June  thirteenth,
two thousand twenty-one.
(b)  Any  revocation  of  a power of attorney that was delivered to an
agent shall remain in effect pursuant to this subdivision.
6. Nothing in this title shall prohibit the execution of a valid power
of attorney for the purpose of transferring  a  salvage  certificate  of
title  and  the execution of an odometer and damage disclosure statement
in connection with such title by electronic means  pursuant  to  article
three of the state technology law.