New York Consolidated Laws, General Obligations Law - GOB § 5-1501. Application and definitions




1. This title shall apply to all powers of attorney except powers of attorney excluded from this title by section 5-1501C of this title.

2. As used in this title the following terms shall have the following meanings:

(a) “Agent” means a person granted authority to act as attorney-in-fact for the principal under a power of attorney, and includes the original agent and any co-agent or successor agent.  Unless the context indicates otherwise, an “agent” designated in a power of attorney shall mean “attorney-in-fact” for the purposes of this title.  An agent acting under a power of attorney has a fiduciary relationship with the principal.

(b) “Benefits from governmental programs or civil or military service” means any benefit, program or assistance provided under a statute or governmental regulation, including social security, medicare and medicaid.

(c) “Capacity” means ability to comprehend the nature and consequences of the act of executing and granting, revoking, amending or modifying a power of attorney, any provision in a power of attorney, or the authority of any person to act as agent under a power of attorney.

(d) “Compensation” means reasonable compensation authorized to be paid to the agent from assets of the principal for services actually rendered by the agent pursuant to the authority granted in a power of attorney.

(e) “Financial institution” means a financial entity, including, but not limited to:  a bank, trust company, national bank, savings bank, federal mutual savings bank, savings and loan association, federal savings and loan association, federal mutual savings and loan association, credit union, federal credit union, branch of a foreign banking corporation, public pension fund, retirement system, securities broker, securities dealer, securities firm, and insurance company.

(f) “Incapacitated” means to be without capacity.

(g) “Internal Revenue Code” means the United States Internal Revenue Code of 1986, as amended.  Such references, however, shall be deemed to constitute references to any corresponding provisions of any subsequent federal tax code.

(h) “Monitor” means a person appointed in the power of attorney who has the authority to request, receive, and seek to compel the agent to provide a record of all receipts, disbursements, and transactions entered into by the agent on behalf of the principal.

(i) “Person” means an individual, whether acting for himself or herself, or as a fiduciary or as an official of any legal, governmental or commercial entity (including, but not limited to, any such entity identified in this subdivision), corporation, business trust, estate, trust, partnership, limited liability company, association, joint venture, government, governmental subdivision, government agency, government entity, government instrumentality, public corporation, or any other legal or commercial entity.

(j) “Power of attorney” means a written document, other than a document referred to in section 5-1501C of this title, by which a principal with capacity designates an agent to act on his or her behalf.

(k) “Principal” means an individual who is eighteen years of age or older, acting for himself or herself and not as a fiduciary or as an official of any legal, governmental or commercial entity, who executes a power of attorney.

(l) “Record” means information that is inscribed on a tangible medium or that is stored in an electronic or other medium and is retrievable in perceivable form.

(m) “Sign” means to place any memorandum, mark or sign, written, printed, stamped, photographed, engraved or otherwise upon an instrument or writing, or to use an electronic signature as that term is defined in subdivision three of section three hundred two of the state technology law , with the intent to execute the instrument, writing or electronic record.  In accordance with the requirements of section three hundred seven of the state technology law , a power of attorney or any other instrument executed by the principal or agent that is recordable under the real property law shall not be executed with an electronic signature.

(n) “Statutory gifts rider” or “SGR” means a document by which the principal may supplement a statutory short form power of attorney to authorize certain gift transactions, other than those permitted by subdivision fourteen of section 5-1502I of this title.  The document must meet the requirements of subdivision nine of section 5-1514 of this title, and contain the exact wording of the form set forth in subdivision ten of section 5-1514 of this title.  A mistake in wording, such as in spelling, punctuation or formatting, or the use of bold or italic type, shall not prevent a statutory gifts rider from being deemed a statutory gifts rider, but the wording of the form set forth in subdivision ten of section 5-1514 of this title shall govern.  The use of the form set forth in subdivision ten of section 5-1514 of this title is lawful and when used, it shall be construed as a statutory gifts rider.  A statutory gifts rider may contain modifications or additions as provided in section 5-1503 of this title as such modifications or additions relate to all gift transactions.  The statutory gifts rider must be executed in the manner provided in section 5-1514 of this title, simultaneously with the statutory short form power of attorney in which the authority (SGR) is initialed by the principal.  A statutory gifts rider and the statutory short form power of attorney it supplements must be read together as a single instrument.

(o) “Statutory short form power of attorney” means a power of attorney that meets the requirements of paragraphs (a) , (b) and (c) of subdivision one of section 5-1501B of this title, and that contains the exact wording of the form set forth in section 5-1513 of this title.  A mistake in wording, such as in spelling, punctuation or formatting, or the use of bold or italic type, shall not prevent a power of attorney from being deemed a statutory short form power of attorney, but the wording of the form set forth in section 5-1513 of this title shall govern.  The use of the form set forth in section 5-1513 of this title is lawful and when used, it shall be construed as a statutory short form power of attorney.  A statutory short form power of attorney may be used to grant authority provided in sections 5-1502A through 5-1502N of this title.  A “statutory short form power of attorney” may contain modifications or additions as provided in section 5-1503 of this title, but in no event may it be modified to grant any authority provided in section 5-1514 of this title.  If the authority (SGR) on the statutory short form is initialed by the principal, the statutory short form power of attorney must be executed in the manner provided in section 5-1501B of this title, simultaneously with the statutory gifts rider.  A statutory short form power of attorney and a statutory gifts rider which supplements it must be read together as a single instrument.

(p) “Non-statutory power of attorney” means a power of attorney that is not a statutory short form power of attorney.

(q) “Third party” means a financial institution or person other than a principal or an agent.





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