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General Obligations Law § 5-1501A · Title 15. Statutory Short Form and Other Powers of Attorney For Financial and Estate Planning

Power of attorney not affected by incapacity

Verbatim from the official edition

Text — Law content up to date as of July 24, 2026, as published by the New York State Senate (Open Legislation)

§ 5-1501A. Power of attorney not affected by incapacity. 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.

Source of truth

Edition
Law content up to date as of July 24, 2026, as published by the New York State Senate (Open Legislation)
Official file
https://legislation.nysenate.gov/pdf/laws/GOB5-1501A
Text hash
sha256 a665f059fa00cffccf37695499d4548519381e24a4bcd7c0b984972625a9fcdb
Composed by
gen_ny_statutes.py 2026-11-10: the Senate's Open Legislation law tree (GET /api/3/laws/<ID>?full=true) read in document order; the Senate's PDF of the whole law (GET /pdf/laws/<ID>?full=true), read with PDFium, prints the same words in the same order

Procedural information only. Not legal advice and not a substitute for the advice of an attorney. Confirm the current text with the official publisher before relying on it.