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Ely
Ely, Counselor at Law
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Power Of Attorney New York Statutory Short Form Section (p)

Customer Question

Power Of Attorney
New York Statutory Short Form
Section (p)
Affidavit That Power of Attorney Is In Full Force and Effect
A notary republic left out the state, county and my name
He also mistakenly checked the "I am the successor agent; the prior agent is no longer able or willing to serve."
If I take it back to him to correct these items and he notarizes the document again is it legal?
Submitted: 1 year ago.
Category: Legal
Expert:  Ely replied 1 year ago.

Hello and welcome to JustAnswer. Please note:This is general information and is not legal advice. No specific course of action is proposed herein, and no attorney-client relationship or privilege is formed by speaking to an expert on this site. By continuing, you confirm that you understand and agree to these terms.

According to N.Y. GOB. LAW § 5-1501B, the following needs to be in the POA for it to be valid:

§ 5-1501B. Creation of a valid power of attorney; when effective. 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 and dated by a principal with capacity, with the signature of the principal duly acknowledged in the manner prescribed for the acknowledgment of a conveyance of real property. (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 solely because there has been a lapse of time between the date of acknowledgment 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 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 subdivision 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 authority (SGR) initialed by the principal and be accompanied by a valid statutory 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. 3. (a) The date on which an agent's signature is acknowledged is the effective date of the power of attorney as to that agent; provided, however, that if two or more agents are designated to act together, the power of attorney takes effect when all the agents so designated have signed such power of attorney with their signatures acknowledged. (b) If the power of attorney states that it takes effect upon the occurrence of a date or a contingency specified in the document, then the power of attorney takes effect only when the date or contingency identified in the document has occurred, and the signature of the agent acting on behalf of the principal has been acknowledged. If the document requires that a person or persons named or otherwise identified therein declare, in writing, that the identified contingency has occurred, such a declaration satisfies the requirement of this paragraph without regard to whether the specified contingency has occurred. 4. Nothing of this title shall be construed to bar the use or validity of any other or different form of power of attorney desired by a person other than a principal as the term principal is defined in section 5-1501 of this title.

If your name is ***** ***** the POA is not valid.

And, the POA cannot be "revisted again" to be filled in again. Or rather, this can cause confusion if it ever need to be verified against the Power of Attorney's book of notes. It may be best to simply re-do the POA, and re-sign it all-together anew.

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