N.Y. General Obligations Law Section 5-1502J
Construction--benefits from governmental programs or civil or military service

In a statutory short form power of attorney, the language conferring general authority with respect to “benefits from governmental programs or civil or military service,” or in a statutory short form power of attorney properly executed in accordance with the laws in effect at the time of its execution, the language conferring authority with respect to “military service,” must be construed to mean that the principal authorizes the agent:

1.

To execute vouchers in the name of the principal for allowances and reimbursements payable by the United States, or a foreign government or by a state or subdivision of a state, to the principal, including but not limited to allowances and reimbursements for transportation of the principal and of the principal’s spouse, children and other dependents, and for shipment of household effects, to receive, to indorse and to collect the proceeds of any check payable to the order of the principal drawn on the treasurer or other fiscal officer or depositary of the United States or a foreign government or of any state or subdivision thereof;

2.

To take possession and to order the removal and shipment of property of the principal from a post, warehouse, depot, dock or other place of storage or safekeeping, either governmental or private, and execute and deliver a release, voucher, receipt, bill of lading, shipping ticket, certificate or other instrument for such purpose;

3.

To enroll in, apply for, select, reject, change, amend, or discontinue a benefit or program on the principal’s behalf;

4.

To prepare, file and prosecute a claim of the principal to any benefit or assistance, financial or otherwise, to which the principal is, or claims to be, entitled, under a statute or governmental regulation, including any benefit or assistance which arises from or is based upon military service performed prior to or after the creation of the agency by the principal or by any person related by blood or by marriage to the principal, to execute any receipt or other instrument which the agent shall think to be desirable or necessary for the enforcement or for the collection of such claim;

5.

To receive the financial proceeds of any claim of the type described in this section, conserve, invest, disburse or use anything so received for a lawful purpose;

6.

To prosecute, defend, submit to alternative dispute resolution, settle, and propose or accept a compromise with respect to any benefit or assistance described in subdivision four of this section;

7.

To communicate with any representative or employee of a government, governmental subdivision, agency, or instrumentality on behalf of the principal;

8.

To hire, discharge, and compensate any attorney, accountant, expert witness, or other assistant or assistants when the agent shall think such action to be desirable for the proper execution of any of the powers described in this section; and

9.

In general, and in addition to all the specific acts in this section enumerated, to do any other act or acts, which the principal can do through an agent, and which the agent shall think to be desirable or necessary, to assure to the principal, and to the dependents of the principal, the maximum possible benefit from governmental programs or from civil or military service performed prior to or after the creation of the agency by the principal or by any person related by blood or marriage to the principal. All powers described in this section shall be exercisable equally with respect to any benefits from governmental programs or civil or military service existing at the giving of the power of attorney or thereafter accruing, and whether accruing in the state of New York or elsewhere.

Source: Section 5-1502J — Construction--benefits from governmental programs or civil or military service, https://www.­nysenate.­gov/legislation/laws/GOB/5-1502J (updated Sep. 22, 2014; accessed Dec. 21, 2024).

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Accessed:
Dec. 21, 2024

Last modified:
Sep. 22, 2014

§ 5-1502J’s source at nysenate​.gov

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