The New York State Senate

                    S T A T E   O F   N E W   Y O R K
________________________________________________________________________

                                  9033

                          I N  A S S E M B L Y

                            January 12, 2018
                               ___________

Introduced  by  M. of A. WEINSTEIN, LUPARDO, ZEBROWSKI, McDONALD -- read
  once and referred to the Committee on Judiciary

AN ACT to amend the general obligations law, in  relation  to  reforming
  the  statutory short form and other powers of attorney for purposes of
  financial and estate planning; and to  repeal  certain  provisions  of
  such law relating to statutory gift riders

  THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:

  Section 1. Paragraph (j) of subdivision 2 of  section  5-1501  of  the
general  obligations law, as amended by chapter 340 of the laws of 2010,
is amended to read as follows:
  (j) "Power of attorney" means a written document, other than  a  docu-
ment  referred to in section 5-1501C of this title, by which a principal
with capacity designates an agent to  act  on  his  or  her  behalf  AND
INCLUDES  BOTH A STATUTORY SHORT FORM POWER OF ATTORNEY AND A NON-STATU-
TORY POWER OF ATTORNEY.
  § 2. Paragraph (n) of subdivision 2 of section 5-1501 of  the  general
obligations  law is REPEALED, and paragraphs (o), (p) and (q) are relet-
tered paragraphs (n), (o) and (p).
  § 3. Paragraph (n) of subdivision 2 of section 5-1501 of  the  general
obligations  law,  as  amended by chapter 340 of the laws of 2010 and as
relettered by section two of this act, is amended to read as follows:
  (n) "Statutory short form power of attorney" means a power of attorney
that meets the requirements of paragraphs (a), (b) and (c)  of  subdivi-
sion one of section 5-1501B of this title, and that [contains the exact]
SUBSTANTIALLY  CONFORMS  TO THE wording of the form set forth in section
5-1513 of this title; PROVIDED HOWEVER, THAT ANY  SECTION  INDICATED  AS
"OPTIONAL"  THAT  IS  NOT  USED MAY BE OMITTED AND REPLACED BY THE WORDS
"INTENTIONALLY OMITTED". [A mistake in wording,  such  as  in  spelling,
punctuation  or  formatting,  or  the  use  of bold or italic type,] ANY
INSUBSTANTIAL VARIATIONS IN THE FORM shall not prevent a power of attor-
ney from being deemed a statutory short form power of attorney, but  the
wording  of  the  form  set  forth in section 5-1513 of this title shall
govern. The use of the form set forth in section 5-1513 of this title is

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets

                      [ ] is old law to be omitted.
                                                           LBD11897-06-7

A. 9033                             2

lawful and when used, it shall be construed as a  statutory  short  form
power  of attorney. A statutory short form power of attorney may be used
to grant authority provided in sections 5-1502A through 5-1502N of  this
title.  A "statutory short form power of attorney" may contain modifica-
tions or additions as provided in section 5-1503 of this title[, but  in
no  event  may it be modified to grant any authority provided in section
5-1514 of this title. If the authority (SGR) on the statutory short form
is initialed by the principal, the statutory short form power of  attor-
ney  must  be executed in the manner provided in section 5-1501B of this
title, simultaneously with the statutory gifts rider. A statutory  short
form  power of attorney and a statutory gifts rider which supplements it
must be read together as a single instrument].
  § 4. Subdivisions 1 and 2 of section  5-1501B  of  the  general  obli-
gations  law,  as  added by chapter 644 of the laws of 2008, the opening
paragraph and paragraphs (b) and (c) of subdivision 1, and  the  opening
paragraph  and  paragraph (a) of subdivision 2 as amended by chapter 340
of the laws of 2010, are amended to read as follows:
  1. To be valid, except as otherwise provided in section 5-1512 of this
title, a statutory short form power  of  attorney,  or  a  non-statutory
power of attorney, executed in this state by a principal, must:
  (a)  Be  typed  or printed using letters which are legible or of clear
type no less than twelve point in size, or, if in writing, a  reasonable
equivalent thereof.
  (b) Be signed, INITIALED and dated by a principal with capacity, OR IN
THE NAME OF SUCH PRINCIPAL BY ANOTHER PERSON, OTHER THAN A PERSON DESIG-
NATED  AS  THE  PRINCIPAL'S AGENT OR SUCCESSOR AGENT, IN THE PRINCIPAL'S
PRESENCE AND AT THE PRINCIPAL'S  DIRECTION,  IN  EITHER  CASE  with  the
signature  of  the  [principal]  PERSON SIGNING duly acknowledged in the
manner prescribed for the acknowledgment of a conveyance of real proper-
ty IN THE PRESENCE OF THE PRINCIPAL.  WHEN A PERSON SIGNS AT THE  DIREC-
TION  OF  A  PRINCIPAL  HE  OR SHE SHALL SIGN BY WRITING OR PRINTING THE
PRINCIPAL'S NAME, AND PRINTING AND SIGNING HIS OR HER OWN NAME.
  (c) Be signed and dated by any agent acting on behalf of the principal
with the  signature  of  the  agent  duly  acknowledged  in  the  manner
prescribed  for  the  acknowledgment of a conveyance of real property. A
power of attorney executed pursuant to this section is not invalid sole-
ly because there has been a lapse of time between the date  of  acknowl-
edgment  of  the  signature  of  the  principal and the date or dates of
acknowledgment of the signature or signatures of any agent or agents  or
successor  agent  or successor agents authorized to act on behalf of the
principal or because the principal became incapacitated during any  such
lapse of time.
  (d) [Contain the exact] SUBSTANTIALLY CONFORM TO THE wording of the:
  (1)  "Caution to the Principal" in paragraph (a) of subdivision one of
section 5-1513 of this title; and
  (2) "Important Information for the Agent" in paragraph (n) of subdivi-
sion one of section 5-1513 of this title.
  2. [In addition  to  the  requirements  of  subdivision  one  of  this
section,  to  be  valid for the purpose of authorizing the agent to make
certain gift transactions described in section 5-1514 of this title:
  (a) a statutory short form power of attorney must contain the authori-
ty (SGR) initialed by the principal and be accompanied by a valid statu-
tory gifts rider; and
  (b) a non-statutory power of attorney must be executed pursuant to the
requirements of paragraph (b) of subdivision nine of section  5-1514  of
this  title.]  INSUBSTANTIAL VARIATION IN THE WORDING OF THE "CAUTION TO

A. 9033                             3

THE PRINCIPAL" OF PARAGRAPH (A) OF SUBDIVISION ONE OF SECTION 5-1513  OF
THIS  TITLE OR OF THE "IMPORTANT INFORMATION FOR THE AGENT" OF PARAGRAPH
(N) OF SUBDIVISION ONE OF SECTION 5-1513 OF THIS TITLE SHALL NOT PREVENT
A  POWER  OF  ATTORNEY FROM BEING DEEMED A STATUTORY SHORT FORM POWER OF
ATTORNEY OR A NON-STATUTORY POWER OF ATTORNEY.
  § 5. Subdivisions 2 and 9 of section  5-1502A  of  the  general  obli-
gations  law, as amended by chapter 340 of the laws of 2010, are amended
to read as follows:
  2. To sell, to exchange, to convey either with or  without  covenants,
to  quit-claim,  to  release, to surrender, to mortgage, to incumber, to
partition or to consent to the partitioning, to create, modify or revoke
a trust [unless such creation, modification  or  revocation  is  a  gift
transaction  governed by section 5-1514 of this title,] to grant options
concerning, to lease or to sublet,  or  otherwise  to  dispose  of,  any
estate or interest in land;
  9.  To  execute,  to  acknowledge,  to  seal  and to deliver any deed,
creation, modification or revocation of a trust [unless  such  creation,
modification  or  revocation  is  a gift transaction governed by section
5-1514 of this title], mortgage, lease, notice, check or  other  instru-
ment  which  the agent may think useful for the accomplishment of any of
the purposes enumerated in this section;
  § 6. Subdivisions 2 and 7 of section  5-1502B  of  the  general  obli-
gations  law, as amended by chapter 340 of the laws of 2010, are amended
to read as follows:
  2. To sell, to exchange, to convey either with or  without  covenants,
to  release,  to  surrender,  to  mortgage,  to  incumber, to pledge, to
hypothecate, to pawn, to create, modify or revoke a trust  [unless  such
creation,  modification  or revocation is a gift transaction governed by
section 5-1514 of this title] to grant options concerning, to  lease  or
to  sublet to others, or otherwise to dispose of any chattel or goods or
any interest in any chattel or goods;
  7. To execute, to acknowledge, to seal and to deliver any  conveyance,
mortgage, lease, creation, revocation or modification of a trust [unless
such creation, modification or revocation is a gift transaction governed
by  section  5-1514  of  this  title], notice, check or other instrument
which the agent may think useful for the accomplishment of  any  of  the
purposes enumerated in this section;
  §  7.  Subdivisions  2  and  9 of section 5-1502C of the general obli-
gations law, as amended by chapter 340 of the laws of 2010, are  amended
to read as follows:
  2.  To  sell  (including short sales), to exchange, to transfer either
with or without a guaranty, to release, to surrender, to hypothecate, to
pledge, to create, modify or  revoke  a  trust  [unless  such  creation,
modification  or  revocation  is  a gift transaction governed by section
5-1514 of this title,] to grant options concerning, to  loan,  to  trade
in,  or  otherwise  to dispose of any bond, share, instrument of similar
character, commodity interest or any instrument with respect thereto;
  9. To execute, to acknowledge, to seal and  to  deliver  any  consent,
agreement,  authorization,  creation,  modification  or  revocation of a
trust [unless such creation, declaration, modification or revocation  is
a  gift  transaction  governed by section 5-1514 of this title], assign-
ment, notice, waiver of notice, check, or  other  instrument  which  the
agent  may  think  useful  for the accomplishment of any of the purposes
enumerated in this section;
  § 8. Subdivision 1 of section 5-1502D of the general obligations  law,
as amended by chapter 644 of the laws of 2008, paragraphs (a) and (b) as

A. 9033                             4

amended  by  chapter  340  of  the  laws  of 2010, is amended to read as
follows:
  1.  To  continue,  to modify, to terminate and to make deposits to and
withdrawals from any deposit account, including any joint  account  with
the agent or totten trust for the benefit of the agent, or other banking
arrangement  made by or on behalf of the principal prior to the creation
of the agency, provided, however, that:
  (a) with respect to joint accounts existing at  the  creation  of  the
agency,  the  authority  granted  hereby  shall not include the power to
change the title of the account by the addition of a new joint tenant or
the deletion of an existing joint tenant, unless the authority  to  make
such  changes  is [conveyed in a statutory gifts rider to] STATED OTHER-
WISE IN THE "MODIFICATIONS" SECTION OF a statutory short form  power  of
attorney or in a non-statutory power of attorney signed and dated by the
principal  with  the signature of the principal duly acknowledged in the
manner prescribed for the acknowledgement of a conveyance of real  prop-
erty,  and  which is executed pursuant to the requirements of [paragraph
(b) of subdivision nine of] section [5-1514] 5-1501B of this title, and
  (b) with respect to totten trust accounts existing at the creation  of
the  agency, the authority granted hereby shall not include the power to
add, delete, or otherwise change the  designation  of  beneficiaries  in
effect  for  any  such accounts, unless the authority to make such addi-
tions, deletions or changes is [conveyed in a statutory gifts rider  to]
STATED  OTHERWISE  IN  THE  "MODIFICATIONS" SECTION OF a statutory short
form power of attorney or in a non-statutory power  of  attorney  signed
and  dated  by  the  principal  with the signature of the principal duly
acknowledged in the  manner  prescribed  for  the  acknowledgment  of  a
conveyance  of  real  property,  and  which  is executed pursuant to the
requirements of [paragraph (b) of subdivision nine of] section  [5-1514]
5-1501B of this title.
  §  9.  Subdivisions  1  and  3 of section 5-1502F of the general obli-
gations law, as amended by chapter 340 of the laws of 2010, are  amended
to read as follows:
  1.  To  continue,  to  pay the premium or assessment on, to modify, to
rescind, to release or to terminate  any  contract  of  life,  accident,
health,  disability  or  liability  insurance or any combination of such
insurance procured by or  on  behalf  of  the  principal  prior  to  the
creation  of  the agency which insures either the principal or any other
person, without regard to whether the principal is or is not a benefici-
ary thereunder;  provided,  however,  with  respect  to  life  insurance
contracts  existing at the creation of the agency, the authority granted
hereby shall not include the power to add, delete  or  otherwise  change
the designation of beneficiaries in effect for any such contract, unless
the  authority to make such additions, deletions or changes is [conveyed
in a statutory gifts rider to] STATED OTHERWISE IN  THE  "MODIFICATIONS"
SECTION OF a statutory short form power of attorney or in a non-statuto-
ry  power  of attorney signed and dated by the principal with the signa-
ture of the principal duly acknowledged in the manner prescribed for the
acknowledgment of a conveyance of real property, and which  is  executed
pursuant  to  the requirements of [paragraph (b) of subdivision nine of]
section [5-1514] 5-1501B of this title;
  3. To apply for and to receive any available loan on the  security  of
the  contract  of insurance, whether for the payment of a premium or for
the procuring of cash, to surrender and thereupon to  receive  the  cash
surrender  value,  to  exercise an election as to beneficiary or mode of
payment, to change the manner of paying premiums, and to  change  or  to

A. 9033                             5

convert  the type of insurance contract, with respect to any contract of
life, accident, health, disability or liability insurance  as  to  which
the  principal  has,  or  claims  to have, any one or more of the powers
described in this section; provided, however, that the authority granted
hereby  shall  not  include the power to add, delete or otherwise change
the designation of beneficiaries in effect for any such contract, unless
the authority to make such additions, deletions or changes is  [conveyed
in  a  statutory gifts rider to] STATED OTHERWISE IN THE "MODIFICATIONS"
SECTION OF a statutory short form power of attorney or in a non-statuto-
ry power of attorney signed and dated by the principal with  the  signa-
ture of the principal duly acknowledged in the manner prescribed for the
acknowledgment  of  a conveyance of real property, and which is executed
pursuant to the requirements of [paragraph (b) of subdivision  nine  of]
section [5-1514] 5-1501B of this title;
  §  10.  Subdivision  14  of section 5-1502I of the general obligations
law, as amended by chapter 340 of the laws of 2010, is amended  to  read
as follows:
  14.  To continue gifts that the principal customarily made to individ-
uals and charitable organizations prior to the creation of  the  agency,
provided  that  in any one calendar year all such gifts shall not exceed
five [hundred] THOUSAND dollars in the aggregate; and
  § 11. The section heading, opening  paragraph  and  subdivision  1  of
section  5-1502K  of  the general obligations law, as amended by chapter
644 of the laws of 2008, are amended to read as follows:
  Construction--FINANCIAL MATTERS RELATED TO health  care  [billing  and
payment  matters; records, reports and statements]. In a statutory short
form power of attorney, the language conferring general  authority  with
respect  to  "FINANCIAL  MATTERS  RELATED  TO  health  care [billing and
payment matters; records, reports and statements]," 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  "records, reports and statements," must be
construed to mean that the principal authorizes the agent:
  1. [To access records relating to the provision of health care and  to
make  decisions  relating to the past, present or future payment for the
provision of health care consented to by or on behalf of  the  principal
or  the  principal's health care agent authorized under state law. In so
doing the agent is acting as  the  principal's  personal  representative
pursuant  to  sections  1171 through 1179 of the Social Security Act, as
added by sections 262 and 264 of  Public  Law  104-191,  and  applicable
regulations.  This  authority  shall  not  include authorization for the
agent to make other medical or health care decisions for the  principal]
TO  BE  RESPONSIBLE  FOR  FINANCIAL  MATTERS RELATING TO THE PRINCIPAL'S
HEALTH CARE, INCLUDING, BUT NOT LIMITED  TO,  BENEFIT  ENTITLEMENTS  AND
PAYMENT  OBLIGATIONS,  AND  IN  SO DOING, NOTWITHSTANDING ANY LAW TO THE
CONTRARY, TO RECEIVE FROM "HEALTH CARE PROVIDERS"  AND  "HEALTH  PLANS,"
INFORMATION,  INCLUDING,  BUT NOT LIMITED TO, "PROTECTED HEALTH INFORMA-
TION" AS DEFINED IN FEDERAL AND STATE LAW,  RULES  AND  REGULATIONS,  IN
ORDER  TO  ASCERTAIN THE BENEFITS TO WHICH THE PRINCIPAL IS ENTITLED AND
TO DETERMINE THE LEGITIMACY AND ACCURACY  OF  CHARGES  FOR  HEALTH  CARE
PROVIDED  TO  THE PRINCIPAL; TO OBTAIN FOR THE PRINCIPAL THE HEALTH CARE
BENEFITS TO WHICH THE PRINCIPAL IS ENTITLED;  TO  MEET  THE  PRINCIPAL'S
FINANCIAL  OBLIGATIONS,  AND  PAY  BILLS  DUE AND OWING, FOR HEALTH CARE
PROVIDED TO THE PRINCIPAL; AND TO REPRESENT THE PRINCIPAL, AND TO ACT AS
THE PRINCIPAL'S  PERSONAL  REPRESENTATIVE,  WITH  RESPECT  TO  FINANCIAL
MATTERS  PERTAINING  TO  THE  PRINCIPAL'S HEALTH CARE. THIS AUTHORITY IS

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LIMITED TO HEALTH CARE FINANCIAL MATTERS AND SHALL NOT INCLUDE  AUTHORI-
ZATION FOR THE AGENT TO MAKE HEALTH CARE DECISIONS FOR THE PRINCIPAL;
  §  12.  Subdivisions  2  and 4 of section 5-1502L of the general obli-
gations law, as amended by chapter 340 of the laws of 2010, are  amended
to read as follows:
  2.  To  make  investment  directions,  to  select  and  change payment
options, and to exercise any  other  election  for  the  principal  with
regard  to  any retirement benefit or plan in which the principal has an
interest, provided, however, that the authority granted hereby shall not
include the authority to add, delete, or  otherwise  change  the  desig-
nation  of  beneficiaries  in  effect for any such retirement benefit or
plan, unless the authority to make such additions, deletions or  changes
is  [conveyed  in  a  statutory  gifts rider to] STATED OTHERWISE IN THE
"MODIFICATIONS" SECTION OF a statutory short form power of  attorney  or
in  a  non-statutory power of attorney signed and dated by the principal
with the signature of the principal  duly  acknowledged  in  the  manner
prescribed  for the acknowledgment of a conveyance of real property, and
which is executed pursuant to the  requirements  of  [paragraph  (b)  of
subdivision nine of] section [5-1514] 5-1501B of this title;
  4.  To  prepare, execute and deliver any application, agreement, trust
agreement [unless such trust agreement is a gift transaction governed by
section 5-1514 of this title], authorization, check or other  instrument
or  document  which  may  be  required under the terms of any retirement
benefit or plan in which the principal has an interest or by the  admin-
istrator thereof, or which the agent deems useful for the accomplishment
of any of the purposes enumerated in this section;
  §  13.  Section  5-1503  of the general obligations law, as amended by
chapter 340 of the laws of 2010, is amended to read as follows:
  § 5-1503. Modifications of the statutory short form power of  attorney
[and  of the statutory gifts rider]. A power of attorney which satisfies
the requirements of paragraphs (a), (b) and (c) of  subdivision  one  of
section  5-1501B  and section 5-1513 of this title is not prevented from
being a "statutory short form power of attorney", [and a document  which
satisfies  the  requirements  of  section  5-1514  of  this title is not
prevented from being a "statutory gifts rider" as either of these  terms
is  used  in  the  sections  of  this  title,]  by the fact that it also
contains additional language  at  the  section  labeled  "modifications"
which:
  1. Eliminates from the statutory short form power of attorney [or from
the  statutory  gifts rider] one or more of the powers enumerated in one
or more of the constructional sections of this title with respect  to  a
subdivision  of  the  statutory  short form power of attorney [or of the
statutory gifts rider], affirmatively chosen by the principal; or
  2. Supplements one or more of the powers enumerated in one or more  of
the  constructional sections in this title with respect to a subdivision
of the statutory short form power of attorney [or of the statutory gifts
rider], affirmatively chosen by the principal, by  specifically  listing
additional powers of the agent; or
  3.  Makes some additional provision which is not inconsistent with the
other provisions of the statutory short form power of  attorney  [or  of
the  statutory  gifts rider], including a provision revoking one or more
powers of attorney previously executed by the principal.
  § 14. Section 5-1504 of the general obligations  law,  as  amended  by
chapter  644 of the laws of 2008, the opening paragraph, subparagraphs 1
and 9 of paragraph (a) and paragraph (b) of subdivision 1,  subdivisions

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2,  3  and 5 as amended and subdivision 7 as added by chapter 340 of the
laws of 2010, is amended to read as follows:
  § 5-1504. Acceptance of AND RELIANCE UPON ACKNOWLEDGED statutory short
form  power of attorney. 1.  (A) FOR PURPOSES OF THIS SECTION, "ACKNOWL-
EDGED" MEANS PURPORTEDLY VERIFIED BEFORE A NOTARY PUBLIC OR OTHER  INDI-
VIDUAL AUTHORIZED TO TAKE ACKNOWLEDGEMENTS.
  (B)  A  PERSON  THAT  IN  GOOD  FAITH ACCEPTS AN ACKNOWLEDGED POWER OF
ATTORNEY WITHOUT ACTUAL KNOWLEDGE THAT THE SIGNATURE IS NOT GENUINE  MAY
RELY UPON THE PRESUMPTION THAT THE SIGNATURE IS GENUINE.
  (C)  A  PERSON  THAT  IN  GOOD  FAITH ACCEPTS AN ACKNOWLEDGED POWER OF
ATTORNEY WITHOUT ACTUAL KNOWLEDGE THAT THE POWER OF  ATTORNEY  IS  VOID,
INVALID,  OR  TERMINATED,  THAT THE PURPORTED AGENT'S AUTHORITY IS VOID,
INVALID, OR TERMINATED, OR THAT THE AGENT  IS  EXCEEDING  OR  IMPROPERLY
EXERCISING  THE AGENT'S AUTHORITY MAY RELY UPON THE POWER OF ATTORNEY AS
IF THE POWER OF ATTORNEY WERE GENUINE, VALID AND STILL  IN  EFFECT,  THE
AGENT'S AUTHORITY WERE GENUINE, VALID AND STILL IN EFFECT, AND THE AGENT
HAD NOT EXCEEDED AND HAD PROPERLY EXERCISED THE AUTHORITY.
  (D) A PERSON THAT IS ASKED TO ACCEPT AN ACKNOWLEDGED POWER OF ATTORNEY
MAY REQUEST, AND RELY UPON, WITHOUT FURTHER INVESTIGATION:
  (1)  AN  AGENT'S CERTIFICATION UNDER PENALTY OF PERJURY OF ANY FACTUAL
MATTER CONCERNING THE PRINCIPAL, AGENT OR POWER OF ATTORNEY; AND
  (2) AN OPINION OF COUNSEL AS TO ANY MATTER OF LAW CONCERNING THE POWER
OF ATTORNEY IF THE PERSON MAKING THE REQUEST PROVIDES IN  A  WRITING  OR
OTHER RECORD THE REASON FOR THE REQUEST.
  (E)  AN  OPINION  OF  COUNSEL  REQUESTED  UNDER  THIS  SECTION MUST BE
PROVIDED AT THE PRINCIPAL'S EXPENSE UNLESS THE REQUEST IS MADE MORE THAN
SEVEN BUSINESS DAYS AFTER THE POWER OF ATTORNEY IS PRESENTED FOR ACCEPT-
ANCE.
  (F) FOR PURPOSES OF THIS SECTION, A PERSON  THAT  CONDUCTS  ACTIVITIES
THROUGH  EMPLOYEES  IS  WITHOUT ACTUAL KNOWLEDGE OF A FACT RELATING TO A
POWER OF ATTORNEY, A PRINCIPAL, OR AN AGENT IF THE  EMPLOYEE  CONDUCTING
THE  TRANSACTION INVOLVING THE POWER OF ATTORNEY IS WITHOUT ACTUAL KNOW-
LEDGE OF THE FACT AFTER MAKING REASONABLE INQUIRY WITH RESPECT THERETO.
  2. No third party located  or  doing  business  in  this  state  shall
refuse,  without reasonable cause, to honor a statutory short form power
of attorney properly executed in accordance with section 5-1501B of this
title, [including a statutory short form  power  of  attorney  which  is
supplemented  by  a  statutory  gifts  rider,] or a statutory short form
power of attorney properly executed  in  accordance  with  the  laws  in
effect at the time of its execution.
  (a)  Reasonable cause under this subdivision shall include, but not be
limited to:
  (1) the refusal by the agent to provide an original power of  attorney
or  a  copy  certified  by  an  attorney  pursuant to section twenty-one
hundred five of the civil practice law and rules, or by a court or other
government entity;
  (2) the third party's good faith referral of  the  principal  and  the
agent to the local adult protective services unit;
  (3) actual knowledge of a report having been made by any person to the
local  adult  protective  services  unit  alleging physical or financial
abuse, neglect, exploitation or abandonment  of  the  principal  by  the
agent OR A PERSON ACTING FOR OR WITH THE AGENT;
  (4)  actual  knowledge  of the principal's death or a reasonable basis
for believing the principal has died;

A. 9033                             8

  (5) actual knowledge of the incapacity of the principal or  a  reason-
able  basis  for believing that the principal is incapacitated where the
power of attorney tendered is a nondurable power of attorney;
  (6)  actual  knowledge  or  a  reasonable basis for believing that the
principal was incapacitated at  the  time  the  power  of  attorney  was
executed;
  (7)  actual  knowledge  or  a  reasonable basis for believing that the
power of attorney was procured through fraud, duress or undue influence;
  (8) actual notice,  pursuant  to  subdivision  [three]  FIVE  of  this
section, of the termination or revocation of the power of attorney; [or]
  (9)  the  refusal  by  a  title  insurance company to underwrite title
insurance for a gift of real  property  made  pursuant  to  a  statutory
[gifts  rider]  SHORT  FORM  POWER OF ATTORNEY or non-statutory power of
attorney that does not contain express instructions or purposes  of  the
principal  WITH  RESPECT  TO  GIFTS  IN THE MODIFICATIONS SECTION OF THE
STATUTORY SHORT FORM POWER OF ATTORNEY OR IN THE NON-STATUTORY POWER  OF
ATTORNEY; OR
  (10)  THE  REFUSAL  OF  A REQUEST FOR A CERTIFICATION OR AN OPINION OF
COUNSEL UNDER PARAGRAPH (D) OF SUBDIVISION ONE OF THIS SECTION.
  (b) It shall be deemed unreasonable for a third  party  to  refuse  to
honor  a  statutory short form power of attorney[, including a statutory
short form power of attorney which is supplemented by a statutory  gifts
rider,]  PROPERLY  EXECUTED  IN  ACCORDANCE WITH SECTION 5-1501B OF THIS
TITLE or a statutory short form power of attorney properly  executed  in
accordance  with the laws in effect at the time of its execution, if the
only reason for the refusal is any of the following:
  (1) the power of attorney is not on a form  prescribed  by  the  third
party to whom the power of attorney is presented.
  (2) there has been a lapse of time since the execution of the power of
attorney.
  (3)  on  the face of the statutory short form power of attorney, there
is a lapse of time between the date of acknowledgment of  the  signature
of  the principal and the date of acknowledgment of the signature of any
agent.
  [2.] 3. NOT LATER THAN THE SEVENTH BUSINESS DAY AFTER PRESENTATION  OF
A STATUTORY SHORT FORM POWER OF ATTORNEY PROPERLY EXECUTED IN ACCORDANCE
WITH  SECTION  5-1501B  OF  THIS TITLE OR IN ACCORDANCE WITH THE LAWS IN
EFFECT AT THE TIME OF ITS EXECUTION TO A  THIRD  PARTY  FOR  ACCEPTANCE,
SUCH  THIRD  PARTY SHALL EITHER (A) HONOR THE STATUTORY SHORT FORM POWER
OF ATTORNEY, OR (B) REJECT THE STATUTORY SHORT FORM POWER OF ATTORNEY IN
A WRITING THAT SETS FORTH THE REASONS FOR SUCH REJECTION, WHICH  WRITING
SHALL  BE  SENT  TO  THE PRINCIPAL AND THE AGENT AT THE ADDRESSES ON THE
POWER OF ATTORNEY AND SUCH OTHER ADDRESSES AS PROVIDED BY THE  PRINCIPAL
OR  THE AGENT, OR (C) REQUEST THE AGENT TO EXECUTE AN ACKNOWLEDGED AFFI-
DAVIT PURSUANT TO SUBDIVISION SEVEN OF THIS  SECTION  STATING  THAT  THE
POWER  OF  ATTORNEY  IS  IN FULL FORCE AND EFFECT IF THE STATUTORY SHORT
FORM POWER OF ATTORNEY WAS NOT SUBMITTED FOR  ACCEPTANCE  TOGETHER  WITH
SUCH AN ACKNOWLEDGED AFFIDAVIT. IF THE THIRD PARTY INITIALLY REJECTS THE
STATUTORY  SHORT FORM POWER OF ATTORNEY IN A WRITING THAT SETS FORTH THE
REASONS FOR SUCH REJECTION, THE THIRD PARTY SHALL WITHIN  FIVE  BUSINESS
DAYS  AFTER  RECEIPT  OF  A  WRITING IN RESPONSE TO THE REASONS FOR SUCH
REJECTION (I) HONOR THE STATUTORY SHORT FORM POWER OF ATTORNEY, OR  (II)
FINALLY  REJECT  THE STATUTORY SHORT FORM POWER OF ATTORNEY IN A WRITING
THAT SETS FORTH THE REASONS FOR  SUCH  REJECTION.  IF  THE  THIRD  PARTY
REQUESTS  THE AGENT TO EXECUTE SUCH AN ACKNOWLEDGED AFFIDAVIT, THE THIRD
PARTY SHALL HONOR SUCH STATUTORY SHORT FORM  POWER  OF  ATTORNEY  WITHIN

A. 9033                             9

FIVE  BUSINESS  DAYS AFTER RECEIPT BY THE THIRD PARTY OF AN ACKNOWLEDGED
AFFIDAVIT WHICH COMPLIES WITH THE PROVISIONS  OF  SUBDIVISION  SEVEN  OF
THIS  SECTION,  STATING  THAT THE POWER OF ATTORNEY IS IN FULL FORCE AND
EFFECT  UNLESS  REASONABLE CAUSE EXISTS AS DESCRIBED IN PARAGRAPH (A) OF
SUBDIVISION TWO OF THIS SECTION. FOR THE PURPOSES OF  THIS  SUBDIVISION,
THE  TIME  REQUIREMENTS  IN WHICH TO HONOR OR REJECT THE STATUTORY SHORT
FORM POWER OF ATTORNEY OR REQUEST THE AGENT TO EXECUTE  AN  ACKNOWLEDGED
AFFIDAVIT  SHALL  NOT  APPLY TO THE DEPARTMENT OF AUDIT AND CONTROL OR A
PUBLIC RETIREMENT SYSTEM OF THE STATE AS DEFINED IN SUBDIVISION  SIX  OF
SECTION ONE HUNDRED FIFTY-TWO OF THE RETIREMENT AND SOCIAL SECURITY LAW.
  4.  Except as provided in subdivision [three] FIVE of this section, it
shall be deemed unlawful for a third party  to  unreasonably  refuse  to
honor  a  properly  executed  statutory  short  form power of attorney[,
including a statutory short form power of attorney which is supplemented
by a statutory gifts rider,] EXECUTED IN ACCORDANCE WITH SECTION 5-1501B
OF THIS TITLE or a statutory  short  form  power  of  attorney  properly
executed  in  accordance  with  the  laws  in  effect at the time of its
execution. [A] IF A special proceeding as authorized by  section  5-1510
of this title IS BROUGHT TO COMPEL THE THIRD PARTY TO HONOR THE STATUTO-
RY  SHORT FORM POWER OF ATTORNEY, THE COURT MAY AWARD DAMAGES, INCLUDING
REASONABLE ATTORNEY'S FEES AND COSTS, IF THE COURT FINDS THAT THE  THIRD
PARTY  ACTED  UNREASONABLY  IN  REFUSING  TO HONOR THE AGENT'S AUTHORITY
UNDER THE STATUTORY SHORT FORM POWER OF ATTORNEY. SUCH SPECIAL  PROCEED-
ING shall be the exclusive remedy for a violation of this section.
  [3.]  5.  In the absence of actual knowledge that the principal lacked
capacity to execute a statutory short form power of attorney or that the
statutory short form power  of  attorney  was  procured  through  fraud,
duress  or  undue  influence,  no  third party receiving and retaining a
[properly executed] statutory short  form  power  of  attorney  PROPERLY
EXECUTED  IN ACCORDANCE WITH SECTION 5-1501B OF THIS TITLE, [including a
statutory short form power of attorney which is supplemented by a statu-
tory gifts rider] or a statutory short form power of  attorney  properly
executed  in  accordance  with  the  laws  in  effect at the time of its
execution, or a complete  photostatic  copy  of  the  properly  executed
original  thereof,  nor any officer, agent, attorney-in-fact or employee
of such third party shall incur any liability by reason of  acting  upon
the  authority thereof unless the third party shall have received actual
notice of the revocation or termination of such power of attorney.
  If a principal maintains an account at a  financial  institution,  the
financial institution is deemed to have actual notice after it has had a
reasonable  opportunity  to act on a written notice of the revocation or
termination following its receipt of the same at its office  where  such
account is located.
  [4.]  6.  If the application of the provisions of subdivision [one or]
two OR FOUR of this section shall be held invalid to any third party the
application of such provisions to any third party other  than  those  to
which it is held invalid, shall not be affected thereby.
  [5.]  7.  When the power of attorney is presented to a third party, it
shall not be deemed unreasonable for a third party to require the  agent
to  execute an acknowledged affidavit pursuant to this subdivision stat-
ing that the power of attorney is in full  force  and  effect.  Such  an
affidavit is conclusive proof to the third party relying on the power of
attorney  that the power of attorney is valid and effective, and has not
been terminated, revoked or modified, except as to any third  party  who
had  actual  notice  that  the  power  of  attorney had terminated, been

A. 9033                            10

revoked or been modified prior to the execution of the  affidavit.  Such
affidavit shall state that:
  (a)  the  agent  does not have, at the time of the transaction, actual
notice of the termination or revocation of the  power  of  attorney,  or
notice  of  any  facts  indicating  that  the power of attorney has been
terminated or revoked;
  (b) the agent does not have, at the time of  the  transaction,  actual
notice  that  the  power  of  attorney has been modified in any way that
would affect the ability of the agent to  authorize  or  engage  in  the
transaction,  or notice of any facts indicating that the power of attor-
ney has been so modified;
  (c) if the agent was named as a successor agent, the prior agent is no
longer able or willing to serve; and
  (d) if the agent has been the principal's spouse, the power of  attor-
ney  expressly provides that divorce or annulment as defined in subpara-
graph two of paragraph (f) of section 5-1.4 of the estates,  powers  and
trusts  law  does not terminate the agent's authority thereunder, or the
agent does not have actual notice that the marriage has been  terminated
by  divorce or annulment as defined in subparagraph two of paragraph (f)
of section 5-1.4 of the estates, powers and trusts law at  the  time  of
the transaction.
  [6.] 8. Nothing in this section shall require the acceptance of a form
that is not a statutory short form power of attorney.
  [7.]  9.  A  statutory short form power of attorney or a non-statutory
power of attorney that meets the  requirements  of  subdivision  one  of
section 5-1501B of this title shall be accepted for recording so long as
it  has  been signed by one agent named therein whose signature has been
acknowledged. If two or more agents acting on behalf  of  the  principal
are  required  to  act together, the power of attorney shall be accepted
for recording as long as their signatures have been acknowledged. When a
successor or co-agent authorized to act separately from any other agents
presents a certified copy of a recorded statutory short  form  power  of
attorney  or  non-statutory power of attorney with the agent's signature
acknowledged, the instrument shall be accepted for recording.
  § 15. Subparagraph 2 of paragraph (a)  of  subdivision  2  of  section
5-1505  of the general obligations law, as amended by chapter 340 of the
laws of 2010, is amended to read as follows:
  (2) To keep the principal's property separate and  distinct  from  any
other  property  owned  or  controlled by the agent, except for property
that is jointly owned by the principal and agent  at  the  time  of  the
execution  of  the  power of attorney, and property that becomes jointly
owned after the execution of the power of attorney as the result of  the
agent's acquisition of an interest in the principal's property by reason
of  the  agent's  exercise  of  authority  granted  in THE MODIFICATIONS
SECTION OF a statutory [gifts rider] SHORT FORM POWER OF ATTORNEY or  in
a  non-statutory  power  of  attorney [signed and dated by the principal
with the signature of the principal  duly  acknowledged  in  the  manner
prescribed  for the acknowledgment of a conveyance of real property, and
which is executed pursuant to  the  requirements  of  paragraph  (b)  of
subdivision  nine  of  section  5-1514 of this title]. The agent may not
make gifts [to] OF the principal's property to himself or herself  with-
out specific authorization in a power of attorney.
  § 16. Paragraphs (h) and (i) of subdivision 2 of section 5-1510 of the
general  obligations  law,  as added by chapter 644 of the laws of 2008,
are amended to read as follows:
  (h) to construe any provision of a power of attorney; OR

A. 9033                            11

  (i) to compel acceptance of the power of attorney [in which event  the
relief to be granted is limited to an order compelling acceptance].
  §  17.  Section  5-1513  of the general obligations law, as amended by
chapter 340 of the laws of 2010, is amended to read as follows:
  § 5-1513. Statutory short form power of attorney. [1.] The use of  the
following  form,  OR  ONE  WHICH SUBSTANTIALLY CONFORMS TO THE FOLLOWING
FORM, in the creation of a power of attorney is lawful, and, when  used,
and  executed  in  accordance with subdivision one of section 5-1501B of
this title, it shall be construed as a statutory  short  form  power  of
attorney  in  accordance  with  the  provisions  of this title; PROVIDED
HOWEVER, THAT ANY SECTION INDICATED AS "OPTIONAL" WHICH IS NOT USED  MAY
BE OMITTED AND REPLACED BY THE WORDS "INTENTIONALLY OMITTED":

                           "POWER OF ATTORNEY
                      NEW YORK STATUTORY SHORT FORM
  (a)  CAUTION TO THE PRINCIPAL:  Your Power of Attorney is an important
document. As the "principal," you give the person whom you choose  (your
"agent") authority to spend your money and sell or dispose of your prop-
erty  during  your  lifetime  without  telling you. You do not lose your
authority to act even though you have given your agent similar  authori-
ty.

  When your agent exercises this authority, he or she must act according
to  any  instructions  you have provided or, where there are no specific
instructions, in your best  interest.  "Important  Information  for  the
Agent"  at  the end of this document describes your agent's responsibil-
ities.

  Your agent can act on your behalf only  after  signing  the  Power  of
Attorney before a notary public.
  You  can  request  information from your agent at any time. If you are
revoking a prior Power of Attorney, you should provide written notice of
the revocation to your prior agent(s) and to any third parties  who  may
have  acted  upon  it,  including  the financial institutions where your
accounts are located.
  You can revoke or terminate your Power of Attorney at any time for any
reason as long as you are of sound mind. If you are no longer  of  sound
mind, a court can remove an agent for acting improperly.

  Your  agent cannot make health care decisions for you. You may execute
a "Health Care Proxy" to do this.

  The law governing Powers of Attorney is  contained  in  the  New  York
General Obligations Law, Article 5, Title 15. This law is available at a
law  library,  or  online  through the New York State Senate or Assembly
websites,       [www.senate.state.ny.us]       WWW.NYSENATE.GOV       or
[www.assembly.state.ny.us] WWW.NYASSEMBLY.GOV.

  If  there  is anything about this document that you do not understand,
you should ask a lawyer of your own choosing to explain it to you.
(b) DESIGNATION OF AGENT(S):
I, _______________________________________________, hereby appoint:
      name and address of principal
_____________________________________________________as my agent(s)
      name(s) and address(es) of agent(s)

A. 9033                            12

  If you designate more than one agent above AND YOU DO  NOT  INITIAL  A
STATEMENT  BELOW,  they must act together [unless you initial the state-
ment below].

      (   ) MY AGENTS MUST ACT TOGETHER.
      (   ) My successor agents may act SEPARATELY.
(c) DESIGNATION OF SUCCESSOR AGENT(S): (OPTIONAL)
  If  any  agent  designated  above  is  unable or unwilling to serve, I
appoint as my successor agent(s):
  _______________________________________________________________
  name(s) and address(es) of successor agent(s)
[Successor] IF YOU DO NOT INITIAL A STATEMENT  BELOW,  SUCCESSOR  agents
designated  above  must  act  together [unless you initial the statement
below].

      (   ) MY SUCCESSOR AGENTS MUST ACT TOGETHER.
      (   ) My successor agents may act SEPARATELY.
  You may provide for specific succession rules in this section.  Insert
specific succession provisions here:
(d)  This POWER OF ATTORNEY shall not be affected by my subsequent inca-
pacity unless I have stated otherwise below, under "Modifications".

(e) This POWER OF ATTORNEY DOES NOT REVOKE any Powers of Attorney previ-
ously executed by  me  unless  I  have  stated  otherwise  below,  under
"Modifications."
  [If  you do NOT intend to revoke your prior Powers of Attorney, and if
you have granted the same authority in this Power  of  Attorney  as  you
granted  to  another  agent in a prior Power of Attorney, each agent can
act separately unless you indicate under "Modifications" that the agents
with the same authority are to act together.]

(f) GRANT OF AUTHORITY:
  To grant your agent some or all of the authority below, either
      (1) Initial the bracket at each authority you grant, or
      (2) Write or type the letters for each authority you grant on  the
      blank line at (P), and initial the bracket at (P). If you initial
      (P), you do not need to initial the other lines.

  I  grant  authority  to  my  agent(s)  with  respect  to the following
subjects as defined in sections 5-1502A through 5-1502N of the New  York
General Obligations Law:
      (   ) (A) real estate transactions;
      (   ) (B) chattel and goods transactions;
      (   ) (C) bond, share, and commodity transactions;
      (   ) (D) banking transactions;
      (   ) (E) business operating transactions;
      (   ) (F) insurance transactions;
      (   ) (G) estate transactions;
      (   ) (H) claims and litigation;
      (   ) (I) personal and family maintenance. If you grant your agent
                this  authority,  it  will allow the agent to make gifts
                that you customarily have made to individuals, including
                the  agent,  and  charitable  organizations.  The  total
                amount of all such gifts in any one calendar year cannot
                exceed five [hundred] THOUSAND dollars;

A. 9033                            13

      (   ) (J) benefits from governmental programs or civil or military
                service;
      (   ) (K) FINANCIAL  MATTERS  RELATED  TO health care [billing and
                payment matters]; records, reports, and statements;
      (   ) (L) retirement benefit transactions;
      (   ) (M) tax matters;
      (   ) (N) all other matters;
      (   ) (O) full and unqualified authority to my agent(s)  to  dele-
                gate any or all of the foregoing powers to any person or
                persons whom my agent(s) select;
      (   ) (P) EACH   of   the  matters  identified  by  the  following
                letters______.
  You need not initial the other lines if you initial line (P).

(g) [MODIFICATIONS: (OPTIONAL)
  In  this  section,  you  may  make  additional  provisions,  including
language to limit or supplement authority granted to your agent.
  However, you cannot use this Modifications section to grant your agent
authority  to  make  gifts or changes to interests in your property.  If
you wish to grant your agent such authority, you MUST complete the Stat-
utory Gifts Rider.
(h)] CERTAIN GIFT TRANSACTIONS: [STATUTORY GIFTS RIDER] (OPTIONAL)
  In order to authorize your agent to make gifts in excess of an  annual
total  of  [$500]  $5,000 for all gifts described in (I) of the grant of
authority section of this document (under personal  and  family  mainte-
nance),  AND/OR  TO  MAKE CHANGES TO INTEREST IN YOUR PROPERTY, you must
[initial the statement below and execute a Statutory Gifts Rider at  the
same  time as this instrument.  Initialing the statement below by itself
does not authorize your agent to make  gifts.  The  preparation  of  the
Statutory Gifts Rider] EXPRESSLY GRANT THAT AUTHORIZATION IN THE MODIFI-
CATIONS SECTION BELOW. IF YOU WISH TO AUTHORIZE YOUR AGENT TO MAKE GIFTS
TO  HIMSELF  OR  HERSELF, YOU MUST EXPRESSLY GRANT SUCH AUTHORIZATION IN
THE MODIFICATIONS SECTION BELOW. GRANTING SUCH AUTHORITY TO  YOUR  AGENT
GIVES YOUR AGENT THE AUTHORITY TO TAKE ACTIONS WHICH COULD SIGNIFICANTLY
REDUCE  YOUR  PROPERTY AND/OR CHANGE HOW YOUR PROPERTY IS DISTRIBUTED AT
YOUR DEATH. YOUR CHOICE TO GRANT SUCH AUTHORITY  should  be  [supervised
by] DISCUSSED WITH a lawyer.
  (      )  [(SGR)]  I grant my agent authority to make gifts in accord-
ance with the terms  and  conditions  of  the  [Statutory  Gifts  Rider]
MODIFICATIONS  that  [supplements]  SUPPLEMENT  this  Statutory Power of
Attorney.
  (H) MODIFICATIONS: (OPTIONAL)
  IN THIS SECTION, YOU MAY MAKE ADDITIONAL  PROVISIONS,  INCLUDING,  BUT
NOT  LIMITED  TO,  LANGUAGE  TO LIMIT OR SUPPLEMENT AUTHORITY GRANTED TO
YOUR AGENT, LANGUAGE TO GRANT YOUR AGENT THE SPECIFIC AUTHORITY TO  MAKE
GIFTS  TO  HIMSELF  OR  HERSELF, AND/OR LANGUAGE TO GRANT YOUR AGENT THE
SPECIFIC AUTHORITY TO MAKE OTHER GIFT  TRANSACTIONS  AND/OR  CHANGES  TO
INTERESTS IN YOUR PROPERTY. YOUR AGENT IS ENTITLED TO BE REIMBURSED FROM
YOUR  ASSETS  FOR  REASONABLE  EXPENSES INCURRED ON YOUR BEHALF. IN THIS
SECTION, YOU MAY MAKE  ADDITIONAL  PROVISIONS  IF  YOU  ALSO  WISH  YOUR
AGENT(S)  TO  BE  COMPENSATED  FROM YOUR ASSETS FOR SERVICES RENDERED ON
YOUR BEHALF, AND YOU MAY DEFINE "REASONABLE COMPENSATION."

(i) DESIGNATION OF MONITOR(S): (OPTIONAL)

A. 9033                            14

  If you wish to appoint monitor(s), initial and  fill  in  the  section
below:
  (     )  I wish to designate ______________________, whose address(es)
is  (are)  ____________________________________________________________,
as  monitor(s).  Upon  the  request  of the monitor(s), my agent(s) must
provide the monitor(s) with a copy of the power of attorney and a record
of all transactions done or made on my  behalf.  Third  parties  holding
records of such transactions shall provide the records to the monitor(s)
upon request.

(j) COMPENSATION OF AGENT(S): [(OPTIONAL)]
  Your  agent  is entitled to be reimbursed from your assets for reason-
able expenses incurred on your behalf. If you ALSO wish your agent(s) to
be compensated from your assets for services rendered  on  your  behalf,
[initial the statement below. If you] AND/OR YOU wish to define "reason-
able compensation", you may do so above, under "Modifications"[.
  (   )  My  agent(s)  shall  be entitled to reasonable compensation for
services rendered.]

(k) ACCEPTANCE BY THIRD PARTIES: I agree to indemnify  the  third  party
for  any  claims that may arise against the third party because of reli-
ance on this Power of Attorney. I understand  that  any  termination  of
this Power of Attorney, whether the result of my revocation of the Power
of Attorney or otherwise, is not effective as to a third party until the
third party has actual notice or knowledge of the termination.

(l)  TERMINATION:  This Power of Attorney continues until I revoke it or
it is terminated by my death or other event described in section  5-1511
of the General Obligations Law.
  Section  5-1511 of the General Obligations Law describes the manner in
which you may revoke your Power of Attorney, and the events which termi-
nate the Power of Attorney.

(m) SIGNATURE AND ACKNOWLEDGMENT:
In Witness Whereof I have hereunto signed my name on ___________,20___.

PRINCIPAL signs here: ==>__________________________________________

(acknowledgment)

(n) IMPORTANT INFORMATION FOR THE AGENT:
  When you accept the authority granted under this Power of Attorney,  a
special  legal  relationship  is  created between you and the principal.
This relationship imposes on you legal  responsibilities  that  continue
until  you resign or the Power of Attorney is terminated or revoked. You
must:
  (1) act according to any instructions from the  principal,  or,  where
there are no instructions, in the principal's best interest;
  (2) avoid conflicts that would impair your ability to act in the prin-
cipal's best interest;
  (3)  keep  the  principal's  property  separate  and distinct from any
assets you own or control, unless otherwise permitted by law;
  (4) keep a record [or] OF all [receipts, payments,  and]  transactions
conducted  for the principal OR KEEP ALL RECEIPTS OF PAYMENTS AND TRANS-
ACTIONS CONDUCTED FOR THE PRINCIPAL; and

A. 9033                            15

  (5) disclose your identity as an agent whenever you act for the  prin-
cipal  by  writing or printing the principal's name and signing your own
name as "agent" in either of the following manners:  (Principal's  Name)
by  (Your Signature) as Agent, or (your signature) as Agent for (Princi-
pal's Name).
  You  may  not use the principal's assets to benefit yourself or anyone
else or make gifts to yourself or anyone else unless the  principal  has
specifically  granted you that authority in THE MODIFICATIONS SECTION OF
this document[, which is either a Statutory Gifts Rider  attached  to  a
Statutory  Short  Form  Power  of  Attorney] or a Non-Statutory Power of
Attorney. If you have that authority, you  must  act  according  to  any
instructions  of the principal or, where there are no such instructions,
in the principal's best interest.  You  may  resign  by  giving  written
notice to the principal and to any co-agent, successor agent, monitor if
one  has been named in this document, or the principal's guardian if one
has been appointed. If there is anything about  this  document  or  your
responsibilities  that  you  do  not  understand,  you should seek legal
advice.
  Liability of agent:
  The meaning of the authority given to you is  defined  in  New  York's
General  Obligations  Law,  Article 5, Title 15. If it is found that you
have violated the law or acted outside the authority granted to  you  in
the  Power  of  Attorney,  you  may  be  liable  under  the law for your
violation.

(o) AGENT'S SIGNATURE AND ACKNOWLEDGMENT OF APPOINTMENT:
  It is not required that the principal and the  agent(s)  sign  at  the
same time, nor that multiple agents sign at the same time.

I/we, ___________________________________________, have read the forego-
ing  Power  of Attorney. I am/we are the person(s) identified therein as
agent(s) for the principal named therein.

I/we acknowledge my/our legal responsibilities.
IN WITNESS WHEREOF I HAVE HEREUNTO SIGNED MY  NAME  ON  ________________
20_____.

Agent(s) sign(s) here:==>__________________________________________

(acknowledgment(s))

(p) SUCCESSOR AGENT'S SIGNATURE AND ACKNOWLEDGMENT OF APPOINTMENT:
  It  is  not required that the principal and the SUCCESSOR agent(s), if
any, sign at the same time, nor that multiple SUCCESSOR agents  sign  at
the  same  time. Furthermore, successor agents can not use this power of
attorney unless the agent(s) designated above is/are unable or unwilling
to serve.

I/we, ___________________________________________, have read the forego-
ing Power of Attorney. I am/we are the person(s) identified  therein  as
SUCCESSOR agent(s) for the principal named therein.
IN  WITNESS  WHEREOF  I HAVE HEREUNTO SIGNED MY NAME ON ________________
20_____.

Successor Agent(s) sign(s) here:==>______________________________________

A. 9033                            16

(acknowledgment(s))"
  § 18. Section 5-1514 of the general obligations law is REPEALED.
  §  19.  This  act  shall  take effect on the one hundred eightieth day
after it shall have become a law, provided,  that  any  statutory  short
form power of attorney and any statutory gifts rider executed by a prin-
cipal  and  valid  at  the  time executed by such principal shall remain
valid, as will any revocation of a prior  power  of  attorney  that  was
delivered to an agent prior to the effective date of this act.