§ 5-1502I — Construction--personal and family maintenance

§ 5-1502I. Construction--personal and family maintenance. In a\nstatutory short form power of attorney, the language conferring general\nauthority with respect to "personal and family maintenance" must be\nconstrued to mean that the principal authorizes the agent:\n 1. To do all acts necessary for maintaining the customary standard of\nliving of the spouse and children, and other dependents of the\nprincipal, including by way of illustration and not by way of\nrestriction, power to provide living quarters by purchase, lease or by\nother contract, or by payment of the operating costs, including\ninterest, amortization payments, repairs and taxes, of premises owned by\nthe principal and occupied by his family or dependents, to provide\nnormal domestic help for the operation of the household, to provide\nusual vacations and usual travel expenses, to provide usual educational\nfacilities, and to provide funds for all the current living costs of\nsuch spouse, children and other dependents, including, among other\nthings, shelter, clothing, food and incidentals;\n 2. To provide, whenever necessary, medical, dental and surgical care,\nhospitalization and custodial care for the spouse, children and other\ndependents of the principal;\n 3. To continue whatever provision has been made by the principal,\nprior to the creation of the agency or thereafter, for his spouse,\nchildren and other dependents, with respect to automobiles, or other\nmeans of transportation, including by way of illustration but not by way\nof restriction, power to license, to insure and to replace any\nautomobiles owned by the principal and customarily used by the spouse,\nchildren or other dependents of the principal;\n 4. To continue whatever charge accounts have been operated by the\nprincipal prior to the creation of the agency or thereafter, for the\nconvenience of his spouse, children or other dependents, to open such\nnew accounts as the agent shall think to be desirable for the\naccomplishment of any of the purposes enumerated in this section, and to\npay the items charged on such accounts by any person authorized or\npermitted by the principal to make such charges prior to the creation of\nthe agency;\n 5. To continue the discharge of any services or duties assumed by the\nprincipal, prior to the creation of the agency or thereafter, to any\nparent, relative or friend of the principal;\n 6. To supervise and to enforce, to defend or to settle any claim by or\nagainst the principal arising out of property damages or personal\ninjuries suffered by or caused by the principal, or under such\ncircumstances that the loss resulting therefrom will, or may fall on the\nprincipal;\n 7. To continue payments incidental to the membership or affiliation of\nthe principal in any church, club, society, order or other organization\nor to continue contributions thereto;\n 8. To demand, to receive, to obtain by action, proceeding or otherwise\nany money or other thing of value to which the principal is or may\nbecome or may claim to be entitled as salary, wages, commission or other\nremuneration for services performed, or as a dividend or distribution\nupon any stock, or as interest or principal upon any indebtedness, or\nany periodic distribution of profits from any partnership or business in\nwhich the principal has or claims an interest, and to endorse, collect\nor otherwise realize upon any instrument for the payment so received;\n 9. To prepare, to execute and to file all tax, social security,\nunemployment insurance and information returns required by the laws of\nthe United States, or of any state or subdivision thereof, or of any\nforeign government, to prepare, to execute and to file all other papers\nand instruments which the agent shall think to be desirable or necessary\nfor the safeguarding of the principal against excess or illegal taxation\nor against penalties imposed for claimed violation of any law or other\ngovernmental regulation, and to pay, to compromise, or to contest or to\napply for refunds in connection with any taxes or assessments for which\nthe principal is or may be liable;\n 10. To utilize any asset of the principal for the performance of the\npowers enumerated in this section, including by way of illustration and\nnot by way of restriction, power to draw money by check or otherwise\nfrom any bank deposit of the principal, to sell any land, chattel, bond,\nshare, commodity interest, chose in action or other asset of the\nprincipal, to borrow money and to pledge as security for such loan, any\nasset, including insurance, which belongs to the principal;\n 11. To execute, to acknowledge, to verify, to seal, to file and to\ndeliver any application, consent, petition, notice, release, waiver,\nagreement or other instrument which the agent may think useful for the\naccomplishment of any of the purposes enumerated in this section;\n 12. To prosecute, to defend, to submit to alternative dispute\nresolution, to settle, and to propose or to accept a compromise with\nrespect to, any claim existing in favor of, or against, the principal\nbased on or involving any transaction enumerated in this section or to\nintervene in any action or proceeding relating thereto;\n 13. To hire, to discharge, and to compensate any attorney, accountant,\nexpert witness or other assistant or assistants when the agent shall\nthink such action to be desirable for the proper execution by him of any\nof the powers described in this section, and for the keeping of needed\nrecords thereof;\n 14. To continue gifts that the principal customarily made to\nindividuals and charitable organizations prior to the creation of the\nagency, provided that in any one calendar year all such gifts shall not\nexceed five thousand dollars in the aggregate; and\n 15. In general, and in addition to all the specific acts in this\nsection enumerated, to do any other act or acts, which the principal can\ndo through an agent, for the welfare of the spouse, children or\ndependents of the principal or for the preservation and maintenance of\nthe other personal relationships of the principal to parents, relatives,\nfriends and organizations.\n All powers described in this section 5-1502I of the general\nobligations law shall be exercisable equally whether the acts required\nfor their execution shall relate to real or personal property owned by\nthe principal at the giving of the power of attorney or thereafter\nacquired and whether such acts shall be performable in the state of New\nYork or elsewhere.\n