New York Durable Power of Attorney Form

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A New York Durable Power of Attorney Form is used when the Principal wishes to ensure their Attorney-in-Fact will still be able to act on their behalf even if the Principal is declared incapacitated. There are a variety of conditions that can render a Principal incapable of making their own decisions, from being actually unable to make any decisions such as falling into a coma, from their decisions being legally invalid such as if they are diagnosed with dementia.

In many states, including New York, if the Principal and Attorney-in-Fact are spouses and they get a divorce or separation, a Durable Power of Attorney agreement will not automatically be voided. It is therefore recommended that a Principal who has signed a Durable Power of Attorney with their former spouse voluntarily revoke it and draft a new agreement naming a new Attorney-in-Fact.