Will.com is not a law firm and does not give legal advice. Its documents and information are not a substitute for the advice of an attorney. Consult a licensed attorney in your state for guidance specific to your situation.

Will.com / Power of attorney / New York

NY · Durable Power of Attorney

Make your New York power of attorney.

Name someone you trust to handle your finances if you can't. Legally valid in New York once signed under the New York signing rules below. Free to create, or add secure online document storage with the $29/year subscription.

New York POA requirements

Witnesses required2 witnesses
NotarizationRequired
Statutory formStatutory Short Form Power of Attorney
StatuteN.Y. Gen. Oblig. Law §§5-1501B, 5-1513

Key features in New York

  • 14 power categories (A through N) defined in GOL §§5-1502A through 5-1502N, with individual initial-based selection on the §5-1513 form; the form's bracket (O) is a delegation grant and bracket (P) is a write-in shorthand, not separate substantive power categories
  • Initialing (I) personal and family maintenance carries a narrow built-in gift power: continuing the gifts the principal customarily made, capped at $5,000 in the aggregate for all recipients in any one calendar year (GOL §5-1502I(14); §5-1513(f)(I)). Everything beyond that cap, gifts to the agent, and beneficiary-designation changes are 'hot powers' that must be written into the Modifications section
  • 2021 law change added 2-witness requirement; pre-2021 POAs without witnesses remain valid
  • Agent must sign separate notarized acknowledgment; the power of attorney takes effect as to an agent on the date that agent's signature is acknowledged (GOL §5-1501B(3)(a))

How it works

  1. 1

    Answer a few questions

    About your agent, the powers you want to grant, and when they take effect.

  2. 2

    Download your power of attorney

    A complete, personalized document, formatted for New York.

  3. 3

    Sign and share

    Sign in front of 2 adult witnesses and a notary. Give a copy to your agent.

Who can witness your New York POA

I am not named herein as an agent or as a permissible recipient of gifts (N.Y. Gen. Oblig. Law §5-1501B(1)(b)).

Two tiers, both private

Free: nothing leaves your browser. No account, no storage. Clear your answers whenever.

Subscription ($29/year): zero-knowledge encrypted storage. We store the ciphertext; only you hold the key. Edit and update as life changes.

Ready to create your POA?

Whatever you decide today, your family won’t have to guess. Start free, or save it to your account for $29 a year.

Also for New York