Power of attorney requirements
New York
What you need to create a valid durable financial power of attorney in New York.
Notarization
Required
Needed for validity and acceptance
Witnesses required
2
New York requires 2 witnesses
Online notary
Authorized
Since 2021
Execution requirements
Notarization — Required
Witnesses — 2 required
New York requires 2 witnesses for a valid power of attorney.
Written and signed by principal
The power of attorney must be in writing, signed by you (the principal) while of sound mind and at least 18 years old.
Durability language
Must explicitly state that the power of attorney remains effective upon the principal's incapacity. Without this language, it terminates if you become incapacitated.
New York-specific notes
What a power of attorney covers
A durable financial power of attorney lets your agent handle financial matters on your behalf if you become incapacitated. Common powers include:
- •Banking and financial accounts
- •Real estate transactions
- •Investment management
- •Tax filings
- •Government benefits (Social Security, Medicare)
- •Business interests
You choose which powers to grant — you can grant all of them or limit to specific categories.
This information is general in nature and not legal advice. Laws change — consult a licensed estate planning attorney in New York for guidance specific to your situation.