2014 New York Laws
GOB - General Obligations
Article 5 - CREATION, DEFINITION AND ENFORCEMENT OF CONTRACTUAL OBLIGATIONS
Title 15 - (5-1501 - 5-1514) STATUTORY SHORT FORM AND OTHER POWERS OF ATTORNEY FOR FINANCIAL AND ESTATE PLANNING
5-1501 - Applications and definitions.

  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.