§ 13-2.3 Powers of attorney in relation to decedents' estates required

to be in writing and recorded

(a) Every power of attorney relating to an interest in a decedent's
estate and every conveyance or assignment of an interest in an estate,
or similar instrument, which contains an express or implied
authorization or delegation of power to act thereunder shall be in
writing and acknowledged or proved in the manner prescribed by the laws
of this state for the recording of a conveyance of real property and,
subject to the rules or order of the surrogate hereinafter provided,
shall be recorded in the office of the surrogate granting letters on
such decedent's estate or, if no such letters have been granted, in the
office of the surrogate having jurisdiction to grant them. Such
recording confers on the surrogate jurisdiction over the grantor of such
power of attorney, the attorney in fact therein named and any other
person acting thereunder. No attorney in fact named in any power of
attorney or in such other instrument nor any person acting thereunder
shall perform any act under such instrument unless it has been duly
recorded.

(b) The surrogate may:

(1) Prescribe by rules of court or by order, consistent with the
provisions of this section, the form, content, manner of execution and
the conditions attached to the recording of every such instrument.

(2) Inquire into and determine the validity of every such instrument
and require proof of the amount of compensation or expenses charged or
to be charged by the attorney in fact and every person acting
thereunder.

(3) In a proceeding authorized by SCPA 2112 or in any appropriate
proceeding, fix and determine the validity and reasonableness of such
compensation and expenses, whether or not the same have been previously
fixed by agreement and whether or not fixed in the instrument so
recorded, or otherwise.

(4) Prescribe regulations and exact a bond or undertaking to assure
the payment of funds to the principal.

(c) Notwithstanding any provision contained therein, no power of
attorney or other instrument which designates an agent to act for the
principal shall be irrevocable, nor shall any agreement for the
compensation of, or the payment of expenses by the attorney in fact or
other person acting under the instrument create a power coupled with an
interest in the subject matter of the agency or render the instrument
irrevocable.

(d) Nothing contained herein shall authorize the practice of law by an
attorney in fact or other person acting under an instrument described in
this section, who is not an attorney duly licensed to practice law in
the state of New York.

(e) Notwithstanding the provisions of any other statute or rule, no
instrument containing a delegation of powers, assignment of interest,
fee arrangement, or any instrument of like import created for the
purpose of participating on behalf of an individual in any application
seeking the recovery of property pursuant to section fourteen hundred
sixteen of the abandoned property law or section thirteen hundred ten of
the surrogate's court procedure act, nor any power of attorney, shall be
accepted for filing or recording by the surrogate's court of a
particular county unless the amount at issue is in excess of one
thousand dollars or a fiduciary, as that term is defined by subdivision
twenty-one of section one hundred three of the surrogate's court
procedure act, has been appointed, or a proceeding for the appointment
of a fiduciary is pending in such court. The provisions of paragraph (b)
of this section shall apply to all instruments eligible for filing and
recording hereunder.