Free New York Durable Power of Attorney Form

When a person suddenly becomes disabled due to a disease or an accident, lots of questions appear. One of those questions is dealing with his finances and properties. For such cases, in the US, the Durable Power of Attorney (or DPA) form exists.

With the durable power of attorney form, you may assign several responsibilities to someone you trust. This person might be an agent that you have hired specifically for the matter. Another option is to designate your relative as an attorney: for instance, your brother or sister, child, husband, or wife.

However, if you want to appoint someone that will be your medical care representative, you should complete another paper. The DPA form shows only the one who will take care of financial matters in case of the principal’s inability to act (usually tied to a coma, a stroke, and other similar medical conditions).

New York power of attorney templates – click for more New York-specific power of attorney documents that you might need.

This form is called “durable” for a reason: the document is effective until the moment of the principal’s death. If you need to cancel the form or create a new paper, the only way is to revoke the existing document.

Basic requirements for this form prescribed in almost every state’s law are either notarizing the paper or calling a witness or two to sign it. The process also requires the sound mind of all signatories.

New York Signing Requires and Laws

The New York state law obliges to notarize the DPA form; it is prescribed in section 5-1513 of General Obligations. According to state law, there is no need to call a witness for signing the DPA form in New York.

The template of the form in New York is more or less standard. However, in this state, unlike in the others, you may delegate additional responsibilities that are listed in the “Optional rider” below the main pages.

The DPA form itself contains six pages where you may choose the responsibilities for your agent or attorney. Among them are:

  • Bonds, commodity, shares operations
  • Banking operations
  • Transactions with estate and real estate
  • Taxes

And other issues related to finances and properties of the principal.

You may choose all of the listed items or just a few: it depends on your wish. The important thing to do is to read all of the options carefully beforehand and determine the matters that you would like to delegate. Also, you should pick your agent or attorney wisely because he or she later might be responsible for serious actions regarding your property and money.

In New York, the local state law also describes the cases when the form becomes ineffective. They are additional to the death and revocation that we mentioned above. You may find them in section 5-1511.

Normally, the DPA form should be printed out in three copies. Remember that the document in New York needs to be notarized.

Popular Local Durable POA Forms

DPOA templates are some of the most widely downloaded ones in the USA. Below are some of the more demanded durable POA papers.

Steps to Complete the Form

For a successful form completion, we offer our instructions that will help to create a document step by step. To fill out the DPA form in New York, see our guide below.

1.   Download the New York DPA Form Template

The completion of the DPA form begins with the template downloading. To simplify the template search, use our form building software.

2.   Read the Caution Thoroughly

The first thing you will see in the DPA form in New York is a caution to a principal who will sign the document. It consists of the important details about the form and information about its purpose. As a principal, you have to read this caution carefully and understand everything that is written. If something is still not clear, you may talk to your lawyer to get rid of uncertainties.

3.   Appoint Your Agent(s) or Attorney(s)

After you have read the caution, you can see the following section where you should insert the name of your chosen agent (or attorney). Firstly, add your full name and full address in the relevant lines. After this, insert your agent’s or attorney’s name and address. Finally, there is a line to insert one more agent’s or attorney’s data.

Designating two agents automatically means that they will act in tandem. There is a way to allow them to work separately: just place your initials below their names in the relevant line.
Agent appointment section of New York durable power of attorney

4.   Appoint Your Successor Agent(s)

Here, you may add the names and addresses of your successor agent. This is the agent that will act if your initial agent is unavailable. In the DPA form in New York, you may add two successor agents. The form also allows you to opt for their separate action.
Successor agent appointment section of a durable power of attorney template New York

5.   Add Succession Provisions

If you have any provisions for your successor agent(s), add them in this section.
Succession provisions adding part of New York dpa form

6.   Decide Your Agent’s Responsibilities

In this section, choose the cases where your agent will act instead of you if you are unable to do so. The list is more or less the same for all of the US states. In New York, you will choose from the following matters:

  • Banking operations;
  • Real estate operations;
  • Transactions related to insurance;
  • Bond, share, commodity operations;
  • Claims and litigation;
  • Taxes;
  • Retirement benefits;
  • Estate operations;
  • Chattel and goods operations;
  • Business operation transactions;
  • Personal and family maintenance;
  • Health care bills;
  • Governmental benefits;
  • All other matters.

If you want to delegate every matter of the list, choose the option “O” of the section by placing your initials in the blank field on the left-hand side. To opt for separate matters, you may either put your initials next to every matter or list the letters below in the option “P.”
Agent's responsibilities defining part of a durable poa for New York

7. Add Instructions for Your Agent (If Needed)

Below the responsibilities, you may leave additional instructions and modifications for your agent or attorney. If you do not have any, leave this field blank and proceed to the next section.
Agent instructions adding sections of New York dpa

8. Choose If You Complete the Statutory Gifts Rider

If you have decided to complete the supplement to the DPA form in New York, the “Statutory Gifts Rider,” place your initials here.
Part for information about gifts rider of New York durable power of attorney

9. Appoint the Monitor

If you want to appoint the monitor who will control the actions of the agent, add the monitor’s name and address in this section. This person will be able to ask your agent about all the made and planned transactions and check the receipts.
Monitor appointment part of New York dpoa template

10. State If Your Agent Gets Compensations

If you want to compensate for the work of your agent, opt for this point by placing your initials. To explain the conditions of the compensation, get back to the “Modifications” section.
Information about compensations part of New York durable power of attorney

11. Sign the DPA Form

Place your signature and the date of signing in the relevant lines.
Signing part of New York dpa form

12. Ask Your Notary to Verify

Below your signature, there should be a notary’s signature and seal (if applicable).
Notary verification section of durable power of attorney for New York

13. Give the DPA form to Your Agent or Attorney

After the notary’s signature, you will see the text that your agent has to read and accept. After the agent has read the text, and everything is clear, he or she has to sign and add the name. If there is more than one agent, all of them still should sign.
Agent signature part of New York durable poa form

14. Ask Your Notary to Sign Again

Below your agent’s signature, a notary should sign again.
Notary signature section of a durable power of attorney template for New York

15. Ask Your Successor Agent(s) to Sign

Here, your successor agent (or agents) should sign.
Successor agent signing part of New York dpa

16. Ask Your Notary to Verify

For the third time in this document, a notary should sign it below the successor agent’s signature.
Notary verification part of a durable power of attorney document for New York

17. Complete the Gifts Rider (If Applicable)

The Gifts Rider is a supplement to the form and is not mandatory. If you have decided to complete it, please note that this document requires notarization and two witnesses.
Gifts rider part of New York dpoa document

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Published: Nov 19, 2020