N.Y. General Obligations Law Section 5-1501A
Power of attorney not affected by incapacity


A power of attorney is durable unless it expressly provides that it is terminated by the incapacity of the principal.


The subsequent incapacity of a principal shall not revoke or terminate the authority of an agent who acts under a durable power of attorney. All acts done during any period of the principal’s incapacity by an agent pursuant to a durable power of attorney shall have the same effect and inure to the benefit of and bind a principal and his or her distributees, devisees, legatees and personal representatives as if such principal had capacity. If a guardian is thereafter appointed for such principal, such agent, during the continuance of the appointment, shall account to the guardian rather than to such principal.

Source: Section 5-1501A — Power of attorney not affected by incapacity, https://www.­nysenate.­gov/legislation/laws/GOB/5-1501A (updated Sep. 22, 2014; accessed Jun. 15, 2024).

Jun. 15, 2024

Last modified:
Sep. 22, 2014

§ 5-1501A’s source at nysenate​.gov

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