§ 307. Exceptions. This article shall not apply:
* 1. To any document providing for the disposition of an individual's
person or property upon death or incompetence, or appointing a fiduciary
of an individual's person or property, including, without limitation,
wills, trusts, decisions consenting to orders not to resuscitate, and
powers of attorney, with the exception of: (a) contractual beneficiary
designations; (b) the registration of making, amending, or revoking an
anatomical gift under section forty-three hundred ten of the public
health law; (c) documents and forms authorizing or accepting funeral,
cemetery and cremation services; and (d) the execution of a valid power
of attorney for the purpose of transferring a salvage certificate of
title and the execution of an odometer and damage disclosure statement
in connection with such title whenever a loss in connection with a
private automobile is determined by an insurer to be a total loss or
constructive total loss under section three thousand four hundred twelve
of the insurance law.
* NB Effective until June 10, 2027
* 1. To any document providing for the disposition of an individual's
person or property upon death or incompetence, or appointing a fiduciary
of an individual's person or property, including, without limitation,
wills, unless such will is executed pursuant to part six of article
three of the estates, powers and trusts law, trusts, decisions
consenting to orders not to resuscitate, and powers of attorney, with
the exception of: (a) contractual beneficiary designations; (b) the
registration of making, amending, or revoking an anatomical gift under
section forty-three hundred ten of the public health law; (c) documents
and forms authorizing or accepting funeral, cemetery and cremation
services; and (d) the execution of a valid power of attorney for the
purpose of transferring a salvage certificate of title and the execution
of an odometer and damage disclosure statement in connection with such
title whenever a loss in connection with a private automobile is
determined by an insurer to be a total loss or constructive total loss
under section three thousand four hundred twelve of the insurance law.
* NB Effective June 10, 2027
2. To any negotiable instruments and other instruments of title
wherein possession of the instrument is deemed to confer title, unless
an electronic version of such record is created, stored or transferred
pursuant to this article in a manner that allows for the existence of
only one unique, identifiable and unalterable version which cannot be
copied except in a form that is readily identifiable as a copy.
3. To any other document that the electronic facilitator has
specifically excepted, pursuant to the rules and regulations of the
electronic facilitator, from the application of this article.