§ 5-1501B — Creation of a valid power of attorney; when effective

§ 5-1501B. Creation of a valid power of attorney; when effective. 1.\nTo be valid, except as otherwise provided in section 5-1512 of this\ntitle, a statutory short form power of attorney, or a non-statutory\npower of attorney, executed in this state by a principal, must:\n (a) Be typed or printed using letters which are legible or of clear\ntype no less than twelve point in size, or, if in writing, a reasonable\nequivalent thereof.\n (b) Be signed, initialed and dated by a principal with capacity, or in\nthe name of such principal by another person, other than a person\ndesignated as the principal's agent or successor agent, in the\nprincipal's presence and at the principal's direction, in either case\nwith the signature of the person signing duly acknowledged in the manner\nprescribed for the acknowledgment of a conveyance of real property and\nwitnessed by two persons who are not named in the instrument as agents\nor as permissible recipients of gifts, in the manner described in\nsubparagraph two of paragraph (a) of section 3-2.1 of the estate, powers\nand trusts law in the presence of the principal. The person who takes\nthe acknowledgement under this paragraph may also serve as one of the\nwitnesses. When a person signs at the direction of a principal he or she\nshall sign by writing or printing the principal's name, and printing and\nsigning his or her own name.\n (c) Be signed and dated by any agent acting on behalf of the principal\nwith the signature of the agent duly acknowledged in the manner\nprescribed for the acknowledgment of a conveyance of real property. A\npower of attorney executed pursuant to this section is not invalid\nsolely because there has been a lapse of time between the date of\nacknowledgment of the signature of the principal and the date or dates\nof acknowledgment of the signature or signatures of any agent or agents\nor successor agent or successor agents authorized to act on behalf of\nthe principal or because the principal became incapacitated during any\nsuch lapse of time.\n (d) Substantially conform to the wording of the:\n (1) "Caution to the Principal" in paragraph (a) of subdivision one of\nsection 5-1513 of this title; and\n (2) "Important Information for the Agent" in paragraph (n) of\nsubdivision one of section 5-1513 of this title.\n 2. Insubstantial variation in the wording of the "Caution to the\nPrincipal" of paragraph (a) of subdivision one of section 5-1513 of this\ntitle or of the "Important Information for the Agent" of paragraph (n)\nof subdivision one of section 5-1513 of this title shall not prevent a\npower of attorney from being deemed a statutory short form power of\nattorney or a non-statutory power of attorney.\n 3. (a) The date on which an agent's signature is acknowledged is the\neffective date of the power of attorney as to that agent; provided,\nhowever, that if two or more agents are designated to act together, the\npower of attorney takes effect when all the agents so designated have\nsigned such power of attorney with their signatures acknowledged.\n (b) If the power of attorney states that it takes effect upon the\noccurrence of a date or a contingency specified in the document, then\nthe power of attorney takes effect only when the date or contingency\nidentified in the document has occurred, and the signature of the agent\nacting on behalf of the principal has been acknowledged. If the document\nrequires that a person or persons named or otherwise identified therein\ndeclare, in writing, that the identified contingency has occurred, such\na declaration satisfies the requirement of this paragraph without regard\nto whether the specified contingency has occurred.\n 4. Nothing of this title shall be construed to bar the use or validity\nof any other or different form of power of attorney desired by a person\nother than a principal as the term principal is defined in section\n5-1501 of this title.\n 5. (a) Notwithstanding any other provision of this section, any\nstatutory short form power of attorney and any statutory gift rider\nexecuted by a principal in the manner conforming with the law in effect\nat the time shall remain valid and enforceable pursuant to section\n5-1504 of this title, even if signed by an agent at a later date,\nincluding but not limited to, being signed on or after June thirteenth,\ntwo thousand twenty-one.\n (b) Any revocation of a power of attorney that was delivered to an\nagent shall remain in effect pursuant to this subdivision.\n 6. Nothing in this title shall prohibit the execution of a valid power\nof attorney for the purpose of transferring a salvage certificate of\ntitle and the execution of an odometer and damage disclosure statement\nin connection with such title by electronic means pursuant to article\nthree of the state technology law.\n