There are several types of powers of attorney in New York:

Statutory short form power of attorney

New York law can be confusing because its statutes contain a form power of attorney called the statutory short form power of attorney. However, the form you use does not need to be the one in the statute to be considered a statutory short form power of attorney. A power of attorney is considered a statutory short form power of attorney if it “substantially conforms” to the wording in the form in the statute.

In most cases, you will want a statutory short form power of attorney. If you want to create a non-statutory power of attorney, you should consult with an attorney licensed in New York.

Non-statutory power of attorney

New York law defines a non-statutory power of attorney as “a power of attorney that is not a statutory short form power of attorney.” Non-statutory powers of attorney are valid in New York, but they do not have the same protections against being rejected as the statutory short form power of attorney.

Durable power of attorney

A durable power of attorney is a power of attorney that stays effective when the principal is incapacitated. In New York, a power of attorney is considered durable unless it states that the principal’s incapacity terminates it.

In most cases, you will want your power of attorney to be durable so your agent can continue to manage your finances and pay your bills while you are incapacitated.

Nondurable power of attorney

A nondurable power of attorney terminates when the principal becomes incapacitated. You may want a nondurable power of attorney when you give an agent limited powers to handle a specific transaction. However, you should consider having a separate durable power of attorney to authorize another agent to act for you when you are incapacitated.

Springing power of attorney

A springing power of attorney becomes effective on a future date or when a specific event happens. The most common event used is incapacity. A springing power allows you to withhold power from your agent until you need them to act.

Although springing powers of attorney are popular, they can cause delay or confusion if you are not clear about how incapacity is determined and how your agent can prove incapacity to a third party.

You do not need a lawyer for a financial power of attorney. You can use a form that meets the requirements of the statutory short form power of attorney, like the forms we offer.

However, if you have a complicated family situation or a long list of limitations on your agent’s authority, you may want to consult with an attorney.

A power of attorney will last until one of the following events happens:

• There is a termination date listed in the power of attorney
• The principal dies
• The principal becomes incapacitated, and it is a nondurable power of attorney
• The agent dies, is incapacitated, or resigns and there is no successor agent or co-agent available
• The agent’s authority is revoked or terminated and there is no successor agent or co-agent available
• The power of attorney’s purpose is accomplished
• A court revokes the power of attorney
• The principal revokes the power of attorney

An agent’s authority will terminate, but a power of attorney will continue (if there are successor agents) when:

• The principal revokes the agent’s authority
• The agent dies, becomes incapacitated, or resigns
• The agent and principal divorce or annul their marriage, unless the power of attorney states that the agent’s authority will survive divorce or annulment

You can revoke a power of attorney or a specific agent’s authority at any time by giving your agent a signed and dated revocation. It is best to give it in person or to send it by a delivery method that allows you to confirm receipt. If your power of attorney concerns real property, you must file your revocation with the county clerk.

You also should give a copy of the revocation to every financial institution where you have accounts and anyone that has or might do business with your agent. If a business or person does not have notice of the revocation and the power of attorney is otherwise valid, they can bind you to any deal your agent makes.

In New York, a person or business cannot refuse to honor a properly signed statutory short form power of attorney without reasonable cause. Reasonable cause includes knowledge that the power of attorney is invalid, terminated, or revoked, or the agent’s refusal to provide an original or certified copy of a power of attorney.

A person or business can ask an agent to provide:

• The agent’s certification under penalty of perjury about any factual matter related to the agent, principal, or power of attorney
• A lawyer’s opinion about any legal issue regarding the power of attorney

The agent’s failure to provide either of the above documents is reasonable cause to reject a power of attorney.

If your parents are competent, they can hire an attorney or use a form to create a power of attorney or health care proxy.

You should speak with them before they lose capacity or before there is any question about their ability to understand what they are signing. It is also important to listen to their wishes and not impose your wishes on them, even if you think you have their best interests at heart.

If your parents are not competent to sign a power of attorney, you will need to ask a court to appoint you or another trusted person as guardian for them.

Attorney fees for powers of attorney vary in New York. On the low end, you could pay around $100 per document, but you are more likely to see fees closer to two or three hundred dollars.

If you choose to make your own power of attorney, you will only need to pay for the form (FindLaw’s financial power of attorney forms are $35) and possibly a low fee for a notary public (but your bank may offer free notary services).

FindLaw is not a law firm, and the forms are not a substitute for the advice or services of an attorney. If you have a complex case, or would like a lawyer’s review of your estate planning documents, please visit our directory to find a lawyer near you.