New York
New York Power of Attorney Laws: Durable, Medical, and Financial POA (2026)
Independently fact-checked against primary sources (last audited August 18, 2026). · Reviewed by the RecordingLaw editorial team. · Law checked current as of August 18, 2026. How we verify our legal content
In New York, a power of attorney is durable by default. Under N.Y. Gen. Oblig. Law s. 5-1501A, a POA remains effective even if the principal later loses capacity, unless the document explicitly states otherwise. Sweeping reforms enacted as Chapter 323 of the Laws of 2020, and amended by Chapter 84 of the Laws of 2021, took effect on June 13, 2021 and tightened execution requirements significantly: a valid New York POA now requires the principal's signature and notarization, the agent's signature and notarization, and two disinterested witnesses. The governing statute is the New York Statutory Short Form Power of Attorney, N.Y. Gen. Oblig. Law ss. 5-1501 through 5-1513. Medical decisions remain entirely separate: New York uses a Health Care Proxy under N.Y. Pub. Health Law ss. 2980-2994.
What a Power of Attorney Does in New York
A power of attorney is a written document in which a principal authorizes an agent (sometimes called an attorney-in-fact) to act on the principal's behalf in financial and legal matters. The agent's authority can be broad or narrow depending on the categories of power selected in the document.
New York law recognizes the Statutory Short Form POA under s. 5-1513, which organizes authority into 14 enumerated categories: real estate transactions, chattel and goods transactions, bond and commodity transactions, banking transactions, business operating transactions, insurance transactions, estate transactions, claims and litigation, personal and family maintenance, benefits from governmental programs, financial matters related to health care, retirement benefit transactions, tax matters, and all other matters. The principal selects which categories to grant.
An agent acting under a New York POA is a fiduciary under s. 5-1505. That means the agent must act in the principal's best interest, avoid conflicts of interest, keep the principal's assets separate from personal funds, and maintain detailed records of all transactions. The agent must make records and a copy of the POA available within 15 days of a written request from a monitor, a co-agent or successor agent, a government entity investigating potential abuse, a court evaluator, a guardian ad litem, a conservator of the principal's estate, or the personal representative of a deceased principal's estate.
A New York POA ends at the principal's death. After death, the agent has no further authority and the executor or administrator of the estate takes over.
Durable by Default: New York's 2021 Power of Attorney Reforms
Under N.Y. Gen. Oblig. Law s. 5-1501A, a power of attorney in New York is durable unless the document expressly provides that it terminates upon the principal's incapacity.
The reform was enacted as Chapter 323 of the Laws of 2020 (Senate Bill S.3923-A and Assembly Bill A.5630-A), signed December 15, 2020, and took effect on the one hundred eightieth day after it became law, June 13, 2021. A follow-on chapter amendment, Assembly Bill A2353 (Chapter 84, Laws of 2021), signed March 25, 2021, amended the same sections and took effect on the same date and in the same manner. Together they made several major structural changes to New York POA law:
The agent must also sign. Before 2021, only the principal needed to sign and acknowledge a New York POA. The 2021 law added a requirement that the agent sign and date the document, with the agent's signature acknowledged in the same manner as a conveyance of real property. The POA does not become effective until the agent's acknowledgment is complete. For co-agents, all named agents must sign before the document is effective.
Two witnesses are now required. The principal's signing must be witnessed by two people who are not named as agents or permissible gift recipients under the instrument. The person who takes the acknowledgment (the notary) may serve as one of the two witnesses.
The Statutory Gifts Rider was eliminated. Before 2021, gifting authority exceeding certain thresholds required a separate, separately signed Statutory Gifts Rider attached to the POA. The 2021 reform abolished that rider. Gifting authority over $5,000 per year is now handled entirely within the Modifications section of the main POA document, described in detail in the next section.
Substantial compliance standard adopted. Minor, insubstantial variations in the required caution and information language do not invalidate the POA as a statutory short form document.
Third-party refusal penalties strengthened. The reform reinforced the prohibition on unreasonable third-party refusals and clarified that acceptance deadlines apply to both financial institutions and other third parties (with a carve-out for Medicaid administration).
Powers of attorney signed before June 13, 2021 are grandfathered. Under s. 5-1501B(5)(a), a statutory short form power of attorney or statutory gifts rider executed by a principal in the manner conforming with the law in effect at the time remains valid and enforceable, even if signed by an agent at a later date, including on or after June 13, 2021. A document properly executed under the pre-reform rules does not have to be redone to meet the current requirements.
How to Create a Valid New York Power of Attorney
N.Y. Gen. Oblig. Law s. 5-1501B sets out every requirement for a valid New York statutory short form POA. All of the following must be satisfied:
1. Typed or printed, minimum 12-point type. The document must be legible, typed or printed in at least 12-point size. Handwritten documents must use a reasonably equivalent readable format.
2. The principal signs, initials, and dates. The principal must sign, initial, and date the document. The signature must be acknowledged before a notary in the same manner as a conveyance of real property. If the principal is physically unable to sign, another person (not the agent) may sign at the principal's direction and in the principal's presence.
3. Two disinterested witnesses. Two witnesses must be present when the principal signs. Neither witness may be named as an agent under the document or as a permissible recipient of gifts. The notary taking the acknowledgment may serve as one of the two witnesses.
4. The agent signs and acknowledges. Any agent named in the document who will act must also sign and date the document, with the signature acknowledged before a notary in the same manner as a conveyance of real property. The POA is not effective until this step is complete. If multiple co-agents are named, all must sign before effectiveness is established.
5. Required caution language included. The document must contain substantially the "Caution to the Principal" and "Important Information for the Agent" language prescribed by s. 5-1513. Minor wording variations do not invalidate the form.
Out-of-state POAs are recognized in New York if they were properly executed under the law of the state where they were created, under s. 5-1512.
What a New York Agent Can and Cannot Do
Enumerated Powers and the Modifications Section
The New York Statutory Short Form POA under s. 5-1513 grants authority only for the categories the principal selects. Each category is defined in detail in ss. 5-1502A through 5-1502N.
The principal may also use the Modifications section under s. 5-1503 to eliminate specific powers within a category, add supplementary powers, or include additional provisions not inconsistent with the statute, such as revoking a prior POA.
Gifting Authority and the $5,000 Annual Limit
Under s. 5-1502I, when a principal grants authority over personal and family maintenance, the agent may continue gifts the principal customarily made before the POA was created, up to a total of $5,000 per calendar year across all recipients and charitable donations combined.
To authorize the agent to make gifts exceeding $5,000 per year, the principal must expressly grant that expanded authority in the Modifications section of the POA form. This was the core change that replaced the old Statutory Gifts Rider. Any gift-making authority above $5,000 must be spelled out in writing in the Modifications section; it cannot be implied from the selection of a category alone.
Agent Duties and Prohibited Self-Dealing
As a fiduciary under s. 5-1505, the agent must:
- Follow the principal's instructions and act in the principal's best interest.
- Keep the principal's assets completely separate from personal funds.
- Maintain records of all receipts, disbursements, and transactions.
- Provide a full accounting within 15 days of a written request from the principal, a monitor, a co-agent, or other authorized parties.
Self-dealing is prohibited. An agent cannot make gifts of the principal's property to themselves without explicit authorization in the document.
Third-Party Refusal Penalties
N.Y. Gen. Oblig. Law s. 5-1504 requires third parties to honor a properly executed and acknowledged New York POA. A third party who unreasonably refuses to accept a valid POA may be ordered by a court to pay damages, reasonable attorney fees, and litigation costs. Refusal based solely on the POA not being on a third party's proprietary form, the time elapsed since execution, or the gap between the principal's and agent's acknowledgment dates is specifically identified as unreasonable. Third parties must honor or reject the POA within ten business days of presentation.
Health Care Proxy in New York
New York law keeps financial and medical authority in completely separate documents. A financial POA under ss. 5-1501 to 5-1513 does not authorize the agent to make health care decisions.
Medical decision-making in New York is governed by the Health Care Proxy statute: N.Y. Pub. Health Law ss. 2980 through 2994. A Health Care Proxy is a written document in which a competent adult (the principal) appoints a health care agent to make any and all medical decisions on the principal's behalf if the principal loses the capacity to make those decisions personally.
Scope of the Health Care Agent's Authority
Under N.Y. Pub. Health Law s. 2982, the health care agent may make any health care decision the principal could make, including decisions about life-sustaining treatment, subject to any limitations the principal expresses in the proxy document. The agent must base decisions on the principal's known wishes, including religious and moral beliefs, or on the principal's best interests if wishes are unknown. The agent has the right to access all medical records needed to make informed decisions.
One important limitation: if the principal's preferences about artificial nutrition and hydration are unknown, the agent does not automatically have authority to withhold those measures. That authority must be addressed expressly in the proxy.
When the Health Care Proxy Takes Effect
Under N.Y. Pub. Health Law s. 2983, the health care proxy does not become effective until the principal's attending practitioner determines, to a reasonable degree of medical certainty, that the principal lacks the capacity to make health care decisions. That determination must be documented in writing. For decisions involving life-sustaining treatment, a second physician, physician assistant, or nurse practitioner must also confirm the incapacity.
If the principal regains capacity, the agent's authority ceases immediately. If the principal objects to the incapacity determination or to the agent's decision, the principal's objection controls unless a court finds actual incapacity.
How to Execute a Health Care Proxy
Under N.Y. Pub. Health Law s. 2981, a valid New York Health Care Proxy must be:
- Signed and dated by the principal.
- Witnessed by two adults who also sign the document.
- The appointed health care agent cannot serve as a witness.
The notarization requirement that applies to the financial POA does not apply to the Health Care Proxy. The two-witness rule is the key execution requirement. For principals residing in mental health or developmental disabilities facilities, additional witness qualifications apply.
If a person in New York wants both financial and medical authority covered, two separate documents are needed: a Statutory Short Form Power of Attorney for finances and a Health Care Proxy for medical matters.
Revoking or Ending a New York Power of Attorney
A principal may revoke a New York POA at any time. Under N.Y. Gen. Oblig. Law s. 5-1511, revocation may be accomplished by:
- Revoking in accordance with the terms stated in the POA itself, or
- Delivering a written revocation to the agent by hand, mail, courier, electronic transmission, or fax to the agent's last known address.
If the original POA was recorded with the county clerk (as is often done for real property transactions), the written revocation must also be recorded in the same office.
When revocation takes effect against the agent: A revocation is effective against the agent once the agent actually receives it. Section 5-1511(3)(b) is explicit that the agent must comply with the principal's revocation notwithstanding the actual or perceived incapacity of the principal, unless the principal is subject to a guardianship under article 81 of the Mental Hygiene Law. An agent cannot refuse to honor a revocation on the ground that the principal seemed confused or impaired when they sent it.
When revocation takes effect against third parties: For third parties other than financial institutions, revocation does not bind them until they receive actual written notice. Financial institutions are deemed to have received notice after written revocation is delivered to the branch where the account is held and the institution has had a reasonable opportunity to act.
Any third-party transactions carried out in good faith before receiving notice of revocation remain valid and binding on the principal.
A New York POA also ends automatically upon the principal's death. After death, the agent's authority ceases entirely. A POA that is not durable also ends automatically if the principal loses capacity.
For a broader overview of how powers of attorney work across all 50 states, see our national Power of Attorney guide.
This page provides general legal information about New York power of attorney laws and is not legal advice. New York estate planning involves individual circumstances that an attorney licensed in New York can assess. Consult a qualified New York attorney before executing or relying on a power of attorney document.
Last reviewed: May 2026. Governing statutes: N.Y. Gen. Oblig. Law ss. 5-1501 to 5-1513 (Statutory Short Form Power of Attorney) and N.Y. Pub. Health Law ss. 2980-2994 (Health Care Proxy).
More New York Laws
Frequently Asked Questions
Is a New York power of attorney durable by default?
Yes. Under N.Y. Gen. Oblig. Law s. 5-1501A, a New York POA is durable unless the document expressly states that it terminates upon the principal's incapacity. No special 'durable' language is required to make the POA survive incapacity; the default rule preserves effectiveness after incapacity unless the document opts out.
How many witnesses are required for a New York power of attorney?
Two witnesses are required under N.Y. Gen. Oblig. Law s. 5-1501B. Both witnesses must be present when the principal signs and must not be named as agents or permissible gift recipients in the document. The notary taking the acknowledgment may serve as one of the two witnesses.
Does the agent need to sign a New York power of attorney?
Yes. Under the reform effective June 13, 2021 (s. 5-1501B), the agent must sign and date the document and have that signature acknowledged before a notary. The POA does not take effect until the agent's acknowledgment is complete. If multiple co-agents are named, all must sign before the document becomes effective.
What replaced the Statutory Gifts Rider in New York?
The power of attorney reform that took effect June 13, 2021 (Ch. 323, Laws of 2020, as amended by Ch. 84, Laws of 2021) eliminated the separate Statutory Gifts Rider. Gifting authority beyond $5,000 per year is now granted directly in the Modifications section of the main POA form. Without an express grant in that section, the agent's gift-making authority under s. 5-1502I is capped at $5,000 in the aggregate per calendar year.
Is a power of attorney signed before June 13, 2021 still valid in New York?
Yes. N.Y. Gen. Oblig. Law s. 5-1501B(5)(a) provides that a statutory short form power of attorney or statutory gifts rider executed by a principal in the manner conforming with the law in effect at the time remains valid and enforceable, even if signed by an agent at a later date, including on or after June 13, 2021. The reform took effect June 13, 2021 and was not retroactive, so a document properly executed under the earlier rules does not have to be redone.
Can a New York power of attorney be used for medical decisions?
No. A financial POA under N.Y. Gen. Oblig. Law ss. 5-1501 to 5-1513 does not authorize the agent to make health care decisions. Medical authority in New York requires a separate Health Care Proxy executed under N.Y. Pub. Health Law ss. 2980-2994.
What happens if a bank or institution refuses a valid New York POA?
Under N.Y. Gen. Oblig. Law s. 5-1504, a third party who unreasonably refuses a properly executed POA may be ordered by a court to pay damages, attorney fees, and costs. Third parties must honor or reject a valid POA within ten business days of presentation. Refusal based on the POA not being on the institution's own form or on the age of the document is specifically listed as unreasonable.
How do you revoke a power of attorney in New York?
A principal may revoke a New York POA at any time by delivering a written revocation to the agent by hand, mail, courier, electronic transmission, or fax to the agent's last known address (N.Y. Gen. Oblig. Law s. 5-1511). Section 5-1511(3)(b) requires the agent to comply with the revocation notwithstanding the actual or perceived incapacity of the principal, unless the principal is subject to an article 81 guardianship. If the POA was recorded with the county clerk, the revocation must also be recorded there. The revocation takes effect against the agent when received; third parties are not bound until they receive actual notice.
Updates
Corrected the attribution of New York’s power of attorney reform to Chapter 323 of the Laws of 2020 (effective June 13, 2021, with Chapter 84 of the Laws of 2021 as a follow-on amendment), added the grandfathering rule for documents signed before that date, removed an inaccurate claim that few states make powers of attorney durable by default, and clarified that an agent must honor a revocation even if the principal appears incapacitated.
Independently fact-checked against the cited primary sources; governing law re-checked for recent changes
Governing law re-checked for recent changes
Reviewed and approved by an editor
The Law Behind This Article
This article rests on the statutory provisions below, held in our own legal record and retrieved from the official source. Tap a section to read the operative text.
New York General Obligations Law
§ 5-1501bCreation of a valid power of attorney; when effectiveIn force
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, initialed and dated by a principal with capacity, or in the name of such principal by another person, other than a person designated 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 person signing duly acknowledged in the manner prescribed for the acknowledgment of a conveyance of real property and witnessed by two persons who are not named in the instrument as agents or as permissible recipients of gifts, in the manner described in subparagraph two of paragraph (a) of section 3-2.1 of the estate, powers and trusts law in the presence of the principal. The person who takes the acknowledgement under this paragraph may also serve as one of the witnesses.
Official text (excerpt) · last checked 2026-09-07 · Read the full text in our law library · Verify at legislation.nysenate.gov
§ 5-1513Statutory short form power of attorneyIn force
Statutory short form power of attorney. The use of the following form, or one which substantially conforms to the following 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 property during your lifetime without telling you. You do not lose your authority to act even though you have given your agent similar authority. 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.
Official text (excerpt) · last checked 2026-07-29 · Read the full text in our law library · Verify at legislation.nysenate.gov
§ 5-1501Application and definitionsIn force
Application and definitions. 1. This title shall apply to all powers of attorney except powers of attorney excluded from this title by section 5-1501C of this title. 2. As used in this title the following terms shall have the following meanings: (a) "Agent" means a person granted authority to act as attorney-in-fact for the principal under a power of attorney, and includes the original agent and any co-agent or successor agent. Unless the context indicates otherwise, an "agent" designated in a power of attorney shall mean "attorney-in-fact" for the purposes of this title. An agent acting under a power of attorney has a fiduciary relationship with the principal. (b) "Benefits from governmental programs or civil or military service" means any benefit, program or assistance provided under a statute or governmental regulation, including social security, medicare and medicaid. (c) "Capacity" means ability to comprehend the nature and consequences of the act of executing and granting, revoking, amending or modifying a power of attorney, any provision in a power of attorney, or the authority of any person to act as agent under a power of attorney.
Official text (excerpt) · last checked 2026-07-29 · Read the full text in our law library · Verify at legislation.nysenate.gov
§ 5-1505Standard of care; fiduciary duties; compelling disclosure of recordIn force
Standard of care; fiduciary duties; compelling disclosure of record. 1. Standard of care. In dealing with property of the principal, an agent shall observe the standard of care that would be observed by a prudent person dealing with property of another. 2. Fiduciary duties. (a) An agent acting under a power of attorney has a fiduciary relationship with the principal. The fiduciary duties include but are not limited to each of the following obligations: (1) To act according to any instructions from the principal or, where there are no instructions, in the best interest of the principal, and to avoid conflicts of interest.
Official text (excerpt) · last checked 2026-07-29 · Read the full text in our law library · Verify at legislation.nysenate.gov
§ 5-1504Acceptance of and reliance upon acknowledged and witnessed statutory short form power of attorneyIn force
Acceptance of and reliance upon acknowledged and witnessed statutory short form power of attorney. 1. (a) For purposes of this section, "acknowledged" means purportedly verified before a notary public or other individual authorized to take acknowledgements. For purposes of this section, "witnessed" means purportedly witnessed by two persons who are not named in the instrument as agents or as permissible recipients of gifts. (b) A person that in good faith accepts an acknowledged and witnessed 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 and witnessed 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.
Official text (excerpt) · last checked 2026-07-29 · Read the full text in our law library · Verify at legislation.nysenate.gov
§ 5-1511Termination or revocation of power of attorney; noticeIn force
Termination or revocation of power of attorney; notice. 1. A power of attorney terminates when: (a) the principal dies; (b) the principal becomes incapacitated, if the power of attorney is not durable; (c) the principal revokes the power of attorney; (d) the principal revokes the agent's authority and there is no co-agent or successor agent, or no co-agent or successor agent who is willing or able to serve; (e) the agent dies, becomes incapacitated or resigns and there is no co-agent or successor agent or no co-agent or successor agent who is willing or able to serve; (f) the authority of the agent terminates and there is no co-agent or successor agent or no co-agent or successor agent who is willing or able to serve; (g) the purpose of the power of attorney is accomplished; or (h) a court order revokes the power of attorney as provided in section 5-1510 of this title or in section 81.29 of the mental hygiene law. 2.
Official text (excerpt) · last checked 2026-07-29 · Read the full text in our law library · Verify at legislation.nysenate.gov
§ 5-1503Modifications of the statutory short form power of attorneyIn force
Modifications of the statutory short form power of attorney. A power of attorney which satisfies 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", 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 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, 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, 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, including a provision revoking one or more powers of attorney previously executed by the principal.
Official text (excerpt) · last checked 2026-07-29 · Read the full text in our law library · Verify at legislation.nysenate.gov
New York Public Health Law
§ 2980DefinitionsIn force
Definitions. The following words or phrases, used in this article, shall have the following meanings, unless the context otherwise requires: 1. "Adult" means any person who is eighteen years of age or older, or is the parent of a child, or has married. 2. "Attending practitioner" means the physician, physician assistant, or nurse practitioner, licensed or certified pursuant to title eight of the education law, selected by or assigned to a patient, who has primary responsibility for the treatment and care of the patient. Where more than one physician, physician assistant, or nurse practitioner shares such responsibility, or where a physician, physician assistant, or nurse practitioner is acting on the attending practitioner's behalf, any such physician, nurse practitioner, or physician assistant may act as the attending practitioner pursuant to this article. 2-a. "Nurse practitioner" means a nurse practitioner certified under section sixty-nine hundred ten of the education law, practicing within his or her scope of practice. 2-b. "Psychiatric nurse practitioner" means a nurse practitioner certified by the department of education as a psychiatric nurse practitioner. 3.
Official text (excerpt) · last checked 2026-07-29 · Read the full text in our law library · Verify at legislation.nysenate.gov
Cited in 9 court opinions in our collectionLatest citing opinion in our collection: 2018
Opinions citing this section in our collection:
- In re M.B. Mental Hygiene Legal Service (New York Court of Appeals 2006, 6 N.Y.3d 437)“…the capacity to make health care decisions, as defined by [Public Health Law § 2980 (3)], for himself or herself’ (SCPA 175…”
- In re Doe (New York Supreme Court 2016, 53 Misc. 3d 829)“…treatment. . Public Health Law §§ 2960-2978. . Public Health Law §§ 2980-2994. . Public Health Law, art 29…”
- In re Claudia EE. (Appellate Division of the Supreme Court of the State of New York 2006, 35 A.D.3d 112)“…consent to health care” (SCPA 1750-b [1], cross-referencing Public Health Law § 2980 [6]). The statute requires that all suc…”
Identified automatically from the court opinions citing this section — not a ranking of which case controls.
§ 2981Appointment of health care agent; health care proxyIn force
Appointment of health care agent; health care proxy. 1. Authority to appoint agent; presumption of competence. (a) A competent adult may appoint a health care agent in accordance with the terms of this article. (b) For the purposes of this section, every adult shall be presumed competent to appoint a health care agent unless such person has been adjudged incompetent or otherwise adjudged not competent to appoint a health care agent, or unless a guardian of the person has been appointed for the adult pursuant to article eighty-one of the mental hygiene law or article seventeen-A of the surrogate's court procedure act. 2. Health care proxy; execution; witnesses. (a) A competent adult may appoint a health care agent by a health care proxy, signed and dated by the adult in the presence of two adult witnesses who shall also sign the proxy. Another person may sign and date the health care proxy for the adult if the adult is unable to do so, at the adult's direction and in the adult's presence, and in the presence of two adult witnesses who shall sign the proxy. The witnesses shall state that the principal appeared to execute the proxy willingly and free from duress.
Official text (excerpt) · last checked 2026-07-29 · Read the full text in our law library · Verify at legislation.nysenate.gov
Cited in 14 court opinions in our collectionLatest citing opinion in our collection: 2023
Opinions citing this section in our collection:
- In re M.B. Mental Hygiene Legal Service (New York Court of Appeals 2006, 6 N.Y.3d 437)“…a court order by executing a health care proxy pursuant to Public Health Law § 2981 naming a surrogate health care decision…”
- In re Martin (Appellate Division of the Supreme Court of the State of New York 2002, 293 A.D.2d 619)“…by Rose S. on June 22, 1999, was valid. For the purposes of Public Health Law § 2981, every adult is presumed competent to a…”
- In re Buffalino (New York Supreme Court 2013, 39 Misc. 3d 634)“…1501 [2] [c]; 5-1501B [1] [b]) and a health care proxy (see Public Health Law § 2981). . There are other references in…”
Identified automatically from the court opinions citing this section — not a ranking of which case controls.
§ 2982Rights and duties of agentIn force
Rights and duties of agent. 1. Scope of authority. Subject to any express limitations in the health care proxy, an agent shall have the authority to make any and all health care decisions on the principal's behalf that the principal could make. Such authority shall be subject to the provisions of section twenty-nine hundred eighty-nine of this article. 2. Decision-making standard. After consultation with a licensed physician, registered nurse, physician assistant, nurse practitioner, licensed psychologist, licensed master social worker, or a licensed clinical social worker, the agent shall make health care decisions: (a) in accordance with the principal's wishes, including the principal's religious and moral beliefs; or (b) if the principal's wishes are not reasonably known and cannot with reasonable diligence be ascertained, in accordance with the principal's best interests; provided, however, that if the principal's wishes regarding the administration of artificial nutrition and hydration are not reasonably known and cannot with reasonable diligence be ascertained, the agent shall not have the authority to make decisions regarding these measures. 3.
Official text (excerpt) · last checked 2026-07-29 · Read the full text in our law library · Verify at legislation.nysenate.gov
Cited in 6 court opinions in our collectionLatest citing opinion in our collection: 2010
Opinions citing this section in our collection:
- Borenstein v. Simonson (New York Supreme Court 2005, 8 Misc. 3d 481)“…is deemed to have the authority to decide these questions (Public Health Law § 2982 [2] [b]). New York’s statute is similar…”
- Mougiannis v. North Shore-Long Island Jewish Health System, Inc. (Appellate Division of the Supreme Court of the State of New York 2005, 25 A.D.3d 230)“…records throughout the period of the hospitalization (see Public Health Law § 2982 [3]). Shortly after her mother’s disc…”
- In re Zornow (New York Supreme Court 2010, 31 Misc. 3d 450)“…provide food and water (Borenstein at 494-495 , citing Public Health Law § 2982 [2]), while someone designated by statu…”
Identified automatically from the court opinions citing this section — not a ranking of which case controls.
§ 2983Determination of lack of capacity to make health care decisions for the purpose of empowering agentIn force
Determination of lack of capacity to make health care decisions for the purpose of empowering agent. 1. Determination by attending practitioner. (a) A determination that a principal lacks capacity to make health care decisions shall be made by the attending practitioner to a reasonable degree of medical certainty. The determination shall be made in writing and shall contain such attending practitioner's opinion regarding the cause and nature of the principal's incapacity as well as its extent and probable duration. The determination shall be included in the patient's medical record. For a decision to withdraw or withhold life-sustaining treatment, the attending practitioner who makes the determination that a principal lacks capacity to make health care decisions must consult with another physician, physician assistant, or nurse practitioner to confirm such determination. Such consultation shall also be included within the patient's medical record.
Official text (excerpt) · last checked 2026-07-29 · Read the full text in our law library · Verify at legislation.nysenate.gov
Cited in 1 court opinions in our collectionLatest citing opinion in our collection: 2016
Opinions citing this section in our collection:
- Long Island Care Center, Inc. v. Goodman (Appellate Division of the Supreme Court of the State of New York 2016, 137 A.D.3d 874)“…to dismiss the fifth counterclaim as well (see Public Health Law § 2983). Eng, P.J., Rivera, Hall and Hi…”
Identified automatically from the court opinions citing this section — not a ranking of which case controls.
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Sources and References
- N.Y. Gen. Oblig. Law s. 5-1501 - Application and Definitions(nysenate.gov)
- N.Y. Gen. Oblig. Law s. 5-1501A - Power of Attorney Not Affected by Incapacity (Durable by Default)(nysenate.gov)
- N.Y. Gen. Oblig. Law s. 5-1501B - Creation of a Valid Power of Attorney; When Effective(nysenate.gov)
- N.Y. Gen. Oblig. Law s. 5-1502I - Construction: Personal and Family Maintenance (Gift Limit)(nysenate.gov)
- N.Y. Gen. Oblig. Law s. 5-1503 - Modifications of the Statutory Short Form Power of Attorney(nysenate.gov)
- N.Y. Gen. Oblig. Law s. 5-1504 - Acceptance of and Reliance Upon Acknowledged Statutory Short Form POA(nysenate.gov)
- N.Y. Gen. Oblig. Law s. 5-1505 - Standard of Care; Fiduciary Duties(nysenate.gov)
- N.Y. Gen. Oblig. Law s. 5-1511 - Termination or Revocation of Power of Attorney; Notice(nysenate.gov)
- N.Y. Gen. Oblig. Law s. 5-1513 - Statutory Short Form Power of Attorney(nysenate.gov)
- NY Assembly Bill A2353 (2021) - Power of Attorney Reform Amendments (Ch. 84, Laws of 2021)(nysenate.gov)
- N.Y. Pub. Health Law s. 2980 - Health Care Proxy Definitions(nysenate.gov)
- N.Y. Pub. Health Law s. 2981 - Execution of Health Care Proxy(nysenate.gov)
- N.Y. Pub. Health Law s. 2982 - Health Care Agent Authority(nysenate.gov)
- N.Y. Pub. Health Law s. 2983 - When Health Care Proxy Takes Effect(nysenate.gov)
- NY Senate Bill S3923-A (2019-2020) - Power of Attorney Reform, Chapter 323 of the Laws of 2020, signed December 15, 2020, effective June 13, 2021(nysenate.gov)