New York's New Power of Attorney Statute and Form (2009)
This program recording highlights the major provisions of this law,
reviews the new statutory Power of Attorney form, and suggests how
attorneys should use the new form and handle potential problems with
The faculty also reviews the “technical corrections” to
Chapter 644 which, although not passed by the legislature as of
September 1, may still become effective in the near future.
The expert speakers, who have been involved in the new law’s
formation, will address many of the practical and thorny questions that
practitioners have raised about the law and the new statutory short
• What do you do with Powers of Attorneys signed before
September 1, 2009, the effective date of the new statute?
• Why was the new power of attorney law enacted?
• How do you handle the new law's default revocation
provision both in the short form and when executing non-statutory
• What are the execution requirements for the short form and
the statutory major gift rider?
• Should a principal appoint a monitor as the new law
• Should a principal authorize compensation for the agent as
the new law specifically permits?
• What specific “modifications” should you
consider in the statutory form that address your client’s
particular interests and needs?
• What must be done to grant the agent authority to make
major gifts and other asset transfers?
• What interplay, if any, is there between the HIPAA Privacy
Rule and the new law’s authorization for the agent to examine,
question and pay medical bills?
• The new law has a statutory explanation of the
agent’s fiduciary duties; what steps must the agent take to accept
and exercise the appointment, even after the principal may become
incapacitated? How do you draft for the compensation of the agent?
• What circumstances would give rise to a third party, such
as a “financial institution,” refusing to accept a Power of
Attorney, and how can acceptance of a Power of Attorney be
• What changes will be made by the technical corrections
Prof. Ira Mark Bloom (Chair)
Justice David Josiah Brewer Distinguished Professor of Law
Albany Law School
Rose Mary K. Bailly, Esq.
New York Law Revision Commission
Robert M. Freedman, Esq. Mazur Carp Rubin & Schulman P.C.
—New York City
Ronald J. Weiss, Esq. Skadden, Arps, Slate, Meagher & Flom LLP
—New York City
Total MCLE Credits 2.0
Ethics MCLE Credits 0.0
* Each additional person who uses the tapes for MCLE credit must
purchase a copy of the “MCLE coursebook."
Non Member Price
New York's New Power of Attorney Statute and Form (2009) (This product cannot be used to receive MCLE credit) (CLE CourseBooks) 18441
+ New York's New Power of Attorney Statute and Form (2009) (MCLE credit only if you have access to the course's audio/video/CD recording. You cannot receive MCLE credit from a coursebook alone.) (CLE CourseBooks) 18441M
* New York's New Power of Attorney Statute and Form (2009) (MCLE Audio on CD) D8441
New York's New Power of Attorney Statute and Form (2009) [Video] (On-Line Programs) V8441
+ Each additional person who uses the recorded media for MCLE credit must purchase a copy of this "MCLE coursebook"
* This recording already includes one copy of the MCLE course materials. Course materials provided electronically for all CLE Online Programs, and for CD/DVD Programs from 2010 and later. CD/DVD Programs prior to 2010 include a printed copy of the course materials.
NEW YORK STATE BAR ASSOCIATION, ONE ELK STREET, ALBANY, NY 12207 PH: (518) 463-3200 SECURE FX: (518) 463-5993