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New York power of attorney

New York uses a statutory short form power of attorney, and since 2021 the signing ceremony includes two witnesses as well as a notary. The form also has a separate gift rider if the agent will be allowed to make gifts.

This page explains the signing rule, the gift rider and the practical steps for using a New York power of attorney at a bank or a title company.

Written by Nora Whitfield, editorial lead. State rules checked by Samuel Okafor, rules editor, on October 20, 2026.

Signing rule at a glance

Notary required2 witnessesRules cited

New York: A notary acknowledgment is required. 2 witnesses are required. One witness may be the notary.

New York: A notary acknowledgment is required. 2 witnesses are required. One witness may be the notary. Source: N.Y. Gen. Oblig. Law § 5-1501B.

Source: N.Y. Gen. Oblig. Law § 5-1501B (opens the official source in a new tab).

Two witnesses and a notary

New York General Obligations Law 5-1513 contains the statutory short form and its signing instructions. The principal signs in front of two witnesses and a notary. The witnesses must be adults, and the agent should not serve as a witness.

Citation: N.Y. Gen. Oblig. Law § 5-1501B (opens the official source in a new tab).

The statutory form includes a notice to the principal and a place to initial the powers. A document that leaves out the notice or the witness block may be rejected by a bank, even if the principal and agent both signed it.

  • Two adult witnesses who are not the agent
  • A notary public with a current commission
  • The principal's initials next to the powers granted
  • The agent's signature and acceptance

The gift rider

If the agent may make gifts of the principal's property, New York requires a separate statutory gift rider, signed and witnessed with the same formalities. Without the rider, the agent generally cannot make gifts, even if the main form mentions gifts.

The rider has its own limits and requires the principal to initial the gift provisions. A bank may refuse a gift transaction that is not supported by a completed rider. If gifting is part of the plan, have a New York attorney prepare the rider.

A power of attorney is not a will. It ends at the principal's death and does not transfer property to anyone.

Banks and real estate

Banks often ask for the statutory form, a certified copy, identification from the agent and their own affidavit. Some banks require the power of attorney to be signed within a certain period before the transaction. Ask the bank before the agent needs to use it.

A power of attorney used for real estate is often recorded with the deed. The title company will check the powers, the witness block and the notary certificate. For a co-op, the board and the managing agent may have additional requirements.

Revoking it

Sign a dated written revocation and give copies to the agent and to every institution that has seen the document. If the power of attorney was recorded, record the revocation in the same county. A new statutory form should state that it revokes earlier powers.

If the agent has already acted, a revocation does not automatically undo the transaction. Talk to a New York attorney if a completed act needs to be reversed.

Filled sample, New York

Power of attorney

STATE OF NEW YORK

I, Robert J. Chen, of 55 Harbor View Drive, Seattle, WA 98101, appoint Lisa M. Chen, of 18 Alder Court, Bellevue, WA 98004, as my agent (attorney-in-fact). If my agent cannot or will not serve, I appoint Daniel K. Chen, of 902 Fir Street, Tacoma, WA 98402, as my alternate agent. This power of attorney is governed by the laws of the State of New York and takes effect on November 1, 2026.

1. Banking and financial powers

My agent may open, close, deposit to and withdraw from bank and credit union accounts in my name, endorse checks, sign account documents, obtain statements, and deal with a financial institution about my accounts. My agent may not create a new joint account with anyone other than me without my written consent.

2. Tax powers

My agent may prepare, sign and file tax returns and related documents with federal, state and local tax authorities, receive notices, and represent me in routine tax matters. My agent may not waive a refund or agree to a tax settlement without my written consent.

3. Personal and household powers

My agent may deal with utilities, service providers, insurers, postal matters and household accounts in my name, and may take the ordinary steps needed to keep my household running.

4. Specific powers and limits

The following specific powers and limits apply: May deal with the credit union accounts listed in the attached schedule. May not sell or mortgage the house at 55 Harbor View Drive..

5. Duration and durability

This power of attorney is not durable. It ends if I become incapacitated, and it ends on my death. It also ends on the date stated below, or on the date I sign a written revocation, whichever comes first. End date: October 31, 2028.

6. Agent's duties

My agent must act in my interest, keep my property separate from the agent's own property, keep reasonable records of transactions, and use the authority only for the purposes stated in this document. My agent may not make a gift of my property, create an interest in my property for the agent, or use my property for the agent's own benefit unless this document expressly allows it.

7. Reliance by third parties

A bank, title company, government office or other third party may rely on a copy of this document that appears signed and notarized. A third party that acts in good faith on this document is released from liability for doing so. I may revoke this document in writing at any time.

8. Revocation

I revoke all earlier powers of attorney for the matters covered here. To revoke this document, I will sign a dated written revocation and give a copy to my agent and to each institution that has received this document. If this document was recorded, I will record the revocation in the same office.

9. Governing law

The laws of the State of New York govern this power of attorney. If any part is unenforceable, the rest remains in effect.

Principal

Principal

Signature

Printed name: Robert J. Chen

Date

Notary public signature

My commission expires

Witness 1 signature

Witness 1 printed name

Witness 2 signature

Witness 2 printed name

Agent acceptance

Agent

Signature

Printed name: Lisa M. Chen

Date

Signing requirements: New York: A notary acknowledgment is required. 2 witnesses are required. One witness may be the notary.

Source: N.Y. Gen. Oblig. Law § 5-1501B.

Example answers. The builder replaces them and uses the New York signature block shown above.

Build the power of attorney

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This changes the signing block and the rule citations.

Step 1 of 3

Principal and agent

The agent should be someone you trust with money and paperwork. Name an alternate if there is a sensible backup.

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Questions about the New York form

Does a New York power of attorney need witnesses?

Yes. Since the 2021 amendments, the principal signs in front of two witnesses and a notary. The agent should not be a witness.

What is a New York gift rider?

A separate statutory form that must be signed and witnessed with the power of attorney if the agent may make gifts. Without it, the agent generally cannot make gifts.

Is a New York power of attorney valid in another state?

Often yes, but the receiving institution may apply its own state's rules. If the principal lives in New York and the property or bank is elsewhere, ask the institution what it will accept.

Other states for this document

Related documents

Not a law firm, not legal advice

PaperDeed is not a law firm and does not provide legal advice. We provide self-help templates and general information about signing rules. If you are unsure whether a document fits your situation, talk to a licensed attorney in your state.

Every rule above names its statute or state form, and links to the official text where the state publishes it online. This state guide was updated on October 20, 2026.