New York § 5-1501A Power of attorney not affected by incapacity

New York Statutes

§ 5-1501A — Power of attorney not affected by incapacity

New York § 5-1501A

Law GOBGeneral Obligations

Title 15Statutory Short Form and Other Powers of Attorney For Financial and Estate Planning

Art. 5Creation, Definition and Enforcement of Contractual Obligations

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Bluebook

N.Y. General Obligations § 5-1501A (2026).

Text

§ 5-1501A. Power of attorney not affected by incapacity.

1.A power of\nattorney is durable unless it expressly provides that it is terminated\nby the incapacity of the principal.\n 2. The subsequent incapacity of a principal shall not revoke or\nterminate the authority of an agent who acts under a durable power of\nattorney. All acts done during any period of the principal's incapacity\nby an agent pursuant to a durable power of attorney shall have the same\neffect and inure to the benefit of and bind a principal and his or her\ndistributees, devisees, legatees and personal representatives as if such\nprincipal had capacity. If a guardian is thereafter appointed for such\nprincipal, such agent, during the continuance of the appointment, shall\naccount to the guardian rather than to suc

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§ 5-1501A. Power of attorney not affected by incapacity. 1. A power of\nattorney is durable unless it expressly provides that it is terminated\nby the incapacity of the principal.\n 2. The subsequent incapacity of a principal shall not revoke or\nterminate the authority of an agent who acts under a durable power of\nattorney. All acts done during any period of the principal's incapacity\nby an agent pursuant to a durable power of attorney shall have the same\neffect and inure to the benefit of and bind a principal and his or her\ndistributees, devisees, legatees and personal representatives as if such\nprincipal had capacity. If a guardian is thereafter appointed for such\nprincipal, such agent, during the continuance of the appointment, shall\naccount to the guardian rather than to such principal.\n