S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                  5630--A
                                                         Cal. No. 216
 
                        2019-2020 Regular Sessions
 
                           I N  A S S E M B L Y
 
                             February 14, 2019
                                ___________
 
 Introduced by M. of A. WEINSTEIN, LUPARDO, ZEBROWSKI, TAYLOR, BRONSON --
   read  once  and referred to the Committee on Judiciary -- ordered to a
   third reading, amended and ordered reprinted, retaining its  place  on
   the order of third reading

 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 obligations law is REPEALED, and paragraphs (o), (p) and (q) are  relet-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,

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

                       [ ] is old law to be omitted.
                                                            LBD00875-02-0

 A. 5630--A                          2

 punctuation or formatting, or the use of bold or italic type, shall  not
 prevent  a]  A  GIVEN  power  of attorney [from being deemed a statutory
 short form power of attorney, but the wording of the form] SUBSTANTIALLY
 CONFORMS  TO  THE FORM REQUIRED PURSUANT TO SECTION 5-1513 OF THIS TITLE
 NOTWITHSTANDING THAT THE FORM CONTAINS (I) AN INSIGNIFICANT  MISTAKE  IN
 WORDING,  SPELLING,  PUNCTUATION  OR  FORMATTING,  OR THE USE OF BOLD OR
 ITALIC TYPE; OR (II) USES LANGUAGE THAT IS ESSENTIALLY THE SAME AS,  BUT
 IS  NOT  IDENTICAL  TO, THE STATUTORY FORM, INCLUDING UTILIZING LANGUAGE
 FROM A PREVIOUS STATUTE. THE DETERMINATION OF WHETHER THERE IS  SUBSTAN-
 TIAL  CONFORMITY WITH THE FORM set forth in section 5-1513 of this title
 [shall govern] SHALL NOT DEPEND ON THE PRESENCE OR ABSENCE OF A  PARTIC-
 ULAR  CLAUSE.    FAILING  TO  INCLUDE CLAUSES THAT ARE NOT RELEVANT TO A
 GIVEN POWER OF ATTORNEY SHALL NOT IN ITSELF CAUSE SUCH POWER OF ATTORNEY
 TO BE FOUND TO NOT SUBSTANTIALLY CONFORM WITH THE REQUIREMENTS  OF  SUCH
 FORM.  The  use of the form set forth in section 5-1513 of this title is
 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

 A. 5630--A                          3
 
 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
 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:

 A. 5630--A                          4
 
   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
 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] EXPRESSLY STAT-
 ED  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 acknowl-
 edged  in  the manner prescribed for the acknowledgement 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, 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]
 EXPRESSLY 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.
   § 8-a. Section 5-1502D of the general obligations law  is  amended  by
 adding a new subdivision 18 to read as follows:
   18.  IF  A  POWER  OF  ATTORNEY  REQUIRES  THAT TWO OR MORE AGENTS ACT
 TOGETHER AS CO-AGENTS, ONE OR MORE AGENTS MAY DELEGATE TO  THE  CO-AGENT
 THE AUTHORITY TO CONDUCT BANKING TRANSACTIONS IF THE PRINCIPAL INITIALED
 SUBJECT (O) IN THE GRANT OF AUTHORITY PROVISIONS OF PARAGRAPH (F) OF THE
 STATUTORY SHORT FORM SET FORTH IN SECTION 15-1513 OF THIS TITLE.

 A. 5630--A                          5
 
   §  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
 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]  EXPRESSLY  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;
   § 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--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 "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

 A. 5630--A                          6
 
 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 MATTERS RELATING TO THE PRINCIPAL'S  HEALTH  CARE,
 INCLUDING,  BUT  NOT  LIMITED TO, BENEFIT ENTITLEMENTS AND PAYMENT OBLI-
 GATIONS, 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 INFORMATION" 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 PRIN-
 CIPAL; 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 MATTERS PERTAINING TO THE PRINCIPAL'S
 HEALTH CARE. THE AUTHORITY GRANTED BY THIS  SUBDIVISION  IS  LIMITED  TO
 HEALTH  CARE  FINANCIAL  MATTERS AND SHALL NOT INCLUDE AUTHORIZATION 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] EXPRESSLY  STATED  OTHERWISE
 IN THE "MODIFICATIONS" SECTION OF a statutory short form power of attor-
 ney  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 proper-
 ty, 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

 A. 5630--A                          7

 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
 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
 TEN  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

 A. 5630--A                          8
 
 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 OR A PERSON ACTING FOR OR  WITH  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;
   (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

 A. 5630--A                          9
 
 of the principal and the date of acknowledgment of the signature of  any
 agent.
   [2.]  3.  (A) NOT LATER THAN THE TENTH BUSINESS DAY AFTER PRESENTATION
 OF AN ORIGINAL OR ATTORNEY CERTIFIED COPY  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 AFFIDAVIT 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. SUCH REASONS FOR REJECTION MAY INCLUDE, BUT NOT BE LIMITED TO
 NON-CONFORMING  FORM,  MISSING OR WRONG SIGNATURE, INVALID NOTARIZATION,
 OR UNACCEPTABLE IDENTIFICATION. IN THE EVENT THAT  THE  STATUTORY  SHORT
 FORM  POWER  OF ATTORNEY PRESENTED IS NOT AN ORIGINAL OR ATTORNEY CERTI-
 FIED COPY, AS PART OF THE INITIAL REJECTION, SUCH SHORT  FORM  POWER  OF
 ATTORNEY MAY BE REJECTED FOR SUCH REASON, PROVIDED, HOWEVER, IN EXPLAIN-
 ING THE REASON FOR REJECTING THE SHORT FORM POWER OF ATTORNEY, THE THIRD
 PARTY  SHALL ALSO IDENTIFY SUCH OTHER PROVISIONS OF THE SHORT FORM POWER
 OF ATTORNEY, IF ANY, THAT WOULD OTHERWISE CONSTITUTE CAUSE FOR REJECTION
 OF THE STATUTORY SHORT FORM  POWER  OF  ATTORNEY.  IF  THE  THIRD  PARTY
 INITIALLY  REJECTS THE STATUTORY SHORT FORM POWER OF ATTORNEY IN A WRIT-
 ING THAT SETS FORTH THE REASONS FOR  SUCH  REJECTION,  THE  THIRD  PARTY
 SHALL  WITHIN SEVEN 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.
 SUCH  WRITING  SHALL  BE  SENT  TO  THE ADDRESS PROVIDED ON THE POWER OF
 ATTORNEY, TO THE ADDRESS OF THE AGENT, IF ANY, AND MAY ALSO BE  SENT  TO
 SUCH  OTHER ADDRESS AS SHALL BE PROVIDED ON THE ACCOUNT DOCUMENTS, OR TO
 THE ADDRESS OF THE ATTORNEY AS PROVIDED IN AN OPINION OF COUNSEL  PURSU-
 ANT  TO  THIS  SECTION. IF THE THIRD PARTY REQUESTS THE AGENT TO EXECUTE
 SUCH AN ACKNOWLEDGED AFFIDAVIT, THE THIRD PARTY SHALL HONOR SUCH  STATU-
 TORY  SHORT  FORM  POWER  OF  ATTORNEY  WITHIN SEVEN 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, NOTICE SHALL  BE  CONSID-
 ERED  DELIVERED  AT THE TIME SUCH NOTICE IS MAILED AND THE TIME REQUIRE-
 MENTS 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.
   (B) NOTICE TO THE AGENT AS REQUIRED BY PARAGRAPH (A) OF THIS  SUBDIVI-
 SION  SHALL  NOT  BE  SENT  UNTIL AFTER A DETERMINATION IS MADE BY ADULT
 PROTECTIVE SERVICES IF THE REASON FOR REJECTION IS A REASON SET FORTH IN
 SUBDIVISION TWO OF THIS SECTION AND IS OTHERWISE PROHIBITED  BY  LAW  OR
 REGULATION.

 A. 5630--A                         10
 
   4.  (A)  ONCE  REASONABLY ACCEPTED, IF A THIRD PARTY CONDUCTS A TRANS-
 ACTION IN RELIANCE ON A PROPERLY EXECUTED STATUTORY SHORT FORM POWER  OF
 ATTORNEY,  THE THIRD PARTY SHALL BE HELD HARMLESS FROM LIABILITY FOR THE
 TRANSACTION.
   (B) 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
 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;

 A. 5630--A                         11
 
   (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
   (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

 A. 5630--A                         12
 
 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)
   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)

 A. 5630--A                         13
 
   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 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;
       (   ) (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;

 A. 5630--A                         14
 
       (   ) (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)
   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

 A. 5630--A                         15
 
 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
   (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

 A. 5630--A                         16
 
 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:==>______________________________________
 
 (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.