NY · POA · Updated July 2026 · Free
New York Power of Attorney
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New York at a glance: Governing Law: N.Y. Gen. Oblig. Law § 5-1501 et seq. · Notarization: Required · Witnesses Required: 1 adult witness (who is not the agent)
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Overview
Powers of Attorney in New York
New York's Power of Attorney law was significantly updated by the 2021 Power of Attorney Law (effective June 13, 2021). The new law simplified the execution requirements and created a new statutory short form.
New York now requires only one witness and a notary (previously two witnesses were required). The new law also prohibits third parties like banks from unreasonably refusing to honor a valid POA, and provides for damages if they do.
Key Facts
New York Power of Attorney — Quick Reference
| Requirement | New York Rule |
|---|---|
| Governing Law | N.Y. Gen. Oblig. Law § 5-1501 et seq. |
| Notarization | Required |
| Witnesses Required | 1 adult witness (who is not the agent) |
| 2021 Law Update | Effective June 13, 2021 — simplified requirements |
| Third-Party Refusal | Banks face penalties for unreasonable refusal |
| Health Care Proxy | Separate document required for medical decisions |
Legal Requirements
New York Legal Requirements
- Must be signed by the principal before one adult witness and a notary public.
- Witness cannot be the agent named in the POA.
- The 2021 law eliminated the "modifications" page that previously caused many rejections.
- Third parties (banks, institutions) cannot unreasonably refuse to honor a valid POA — subject to penalties.
- Agent must sign a "Signature of Agent" section acknowledging fiduciary obligations.
- Separate Health Care Proxy required for medical decisions.
Governing Laws
New York Governing Laws
N.Y. Gen. Oblig. Law § 5-1501B
Statutory Short Form Power of Attorney
New York's statutory form POA, updated in 2021 to simplify execution and expand accepted modifications.
N.Y. Gen. Oblig. Law § 5-1504
Acceptance by Third Parties
Requires third parties to accept a valid New York POA within a specified timeframe and provides damages for unreasonable refusal.
Read the full text of these laws at Cornell Law School's New York legal resources or your state legislature's official website.
Questions & Answers
New York Power of Attorney — Frequently Asked Questions
What changed in New York's 2021 Power of Attorney law?
The 2021 update simplified execution requirements (one witness instead of two), eliminated the separate "modifications" page that caused frequent rejections, and added penalties for banks and institutions that unreasonably refuse to honor a valid POA.
Can New York banks refuse my Power of Attorney?
Not unreasonably. Under the 2021 law, banks have a limited time to review a POA and must accept it if valid. They can request an agent certification or opinion of counsel, but unreasonable refusals expose them to penalties and attorney fees.
Does a New York POA cover healthcare decisions?
No. Medical decisions require a separate Health Care Proxy form in New York (N.Y. Pub. Health Law § 2980). A financial POA does not grant authority to make medical decisions.