1. The Laws of New York
  2. Consolidated Laws
  3. General Obligations
  4. Article 5: Creation, Definition and Enforcement of Contractual Obligations
  5. Title 15: Statutory Short Form and Other Powers of Attorney For Financial and Estate Planning


Section 5-1501A Power of attorney not affected by incapacity

General Obligations (GOB)

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

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