{"id":375258,"date":"2016-03-31T21:36:04","date_gmt":"2016-04-01T02:36:04","guid":{"rendered":"https:\/\/content.findlaw-admin.com\/ability-law\/state\/new-york-law\/new-york-durable-power-of-attorney-laws.html"},"modified":"2026-06-22T11:32:36","modified_gmt":"2026-06-22T16:32:36","slug":"new-york-durable-power-of-attorney-laws","status":"publish","type":"page","link":"https:\/\/www.findlaw.com\/state\/new-york-law\/new-york-durable-power-of-attorney-laws.html","title":{"rendered":"New York Durable Power of Attorney Laws"},"content":{"rendered":"\n
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New York Durable Power of Attorney Laws<\/h1>\n\n
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\n By Carol Clasby, J.D.<\/a> | Legally reviewed by Catherine Hodder, Esq.<\/a>\n | Last updated\n
\n \n <\/i>\n Legally Reviewed\n <\/summary>\n\n
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This article has been written and reviewed for legal accuracy, clarity, and style by FindLaw\u2019s team of legal writers and attorneys<\/a> and in accordance with our editorial standards<\/a>.<\/em><\/p>\n\n <\/div>\n <\/details>\n\n

\n \n <\/i>\n Fact-Checked\n <\/summary>\n\n
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The last updated date refers to the last time this article was reviewed by FindLaw or one of our contributing authors<\/a>. We make every effort to keep our articles updated. For information regarding a specific legal issue affecting you, please contact an attorney in your area<\/a>.<\/em><\/p>\n\n <\/div>\n <\/details>\n<\/section>\n\n\n

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New York durable power of attorney laws govern the appointment of a person to manage a principal’s financial and legal affairs, including if the principal becomes incapacitated. New York law presumes a power of attorney to be durable unless it explicitly states otherwise.<\/p>\n\n <\/div>\n\n\n\n

A power of attorney<\/span> POA) is a legal document<\/span> with many important uses. This article is about a durable <\/span>power of attorney<\/span> in the context of estate planning<\/span><\/a>.<\/p>\n

A principal creates a POA to grant an agent (or \u201cattorney-in-fact<\/span>\u201d) the power to act on the principal\u2019s behalf in certain situations. In many states, a power of<\/span> attorney<\/span> must include special durability language to prevent the authority from being terminated if the principal becomes incapacitated.<\/p>\n

That\u2019s not the case in New York<\/span>. Under New York<\/span> law<\/span>, a power of attorney<\/span><\/a> is durable unless it specifically states that it is terminated by the incapacity<\/span> of the principal<\/span>.<\/p>\n

Estate planning<\/span> is more than just deciding how your property is distributed after your death. A comprehensive estate plan<\/span> also includes incapacity<\/span> planning, which covers your healthcare decisions<\/span> and how your assets are managed when you are alive but unable to manage them yourself due to incapacity<\/span>. An advance directive<\/a> handles incapacity<\/span> planning for your healthcare decisions<\/span>, while a durable POA<\/span> handles incapacity<\/span> planning for your financial matters<\/span>.<\/p>\n

This article explores New York<\/span> State<\/span>\u2019s legal requirements<\/span> for a durable POA<\/span>. It also examines how to choose your agent, the scope of their powers, and how to revoke<\/span> your durable POA<\/span>. Things can become extremely difficult for your loved ones<\/span> if you don\u2019t have POAs in place.<\/p>\n

Legal Requirements<\/span> for Durable <\/span>Power of Attorney<\/span><\/h2>\n

When it comes to creating a valid, durable POA<\/span>, New York<\/span> has strict requirements. These include:<\/p>\n

The principal must be at least 18 years old and have capacity.<\/p>\n

A New York<\/span> DPOA generally must:<\/p>\n