2006 New York Code - Powers Of Attorney Which Survive Disability Or Incompetence

 
    § 5-1505. Powers of attorney which survive disability or incompetence:
  durable powers of attorney. 1. The subsequent disability or incompetence
  of  a  principal  shall  not  revoke  or  terminate  the authority of an
  attorney-in-fact who acts  under  a  power  of  attorney  in  a  writing
  executed  by  such  principal  which  contains  the words "This power of
  attorney  shall  not  be  affected  by  my  subsequent   disability   or
  incompetence",  or  words  of  similar import showing the intent of such
  principal  that   the   authority   conferred   shall   be   exercisable
  notwithstanding his or her subsequent disability or incompetence.
    2.  All  acts  done by an attorney-in-fact pursuant to a power granted
  pursuant to subdivision  one  of  this  section  during  any  period  of
  disability  or  incompetence shall have the same effect and inure to the
  benefit of and bind a principal and his or her  distributees,  devisees,
  legatees   and  personal  representatives  as  if  such  principal  were
  competent and not disabled. If a committee  or  guardian  thereafter  is
  appointed   for   such  principal,  such  attorney-in-fact,  during  the
  continuance of the  appointment,  shall  account  to  the  committee  or
  guardian  rather than to such principal. The committee or guardian shall
  have the same power such principal would have had if he or she were  not
  disabled  or incompetent to revoke, suspend or terminate all or any part
  of such power of attorney.