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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 it.

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 form:

• 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 forms?
• 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 permits?
• 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 compelled?
• What changes will be made by the technical corrections legislation?

Program Speakers

Prof. Ira Mark Bloom (Chair)
Justice David Josiah Brewer Distinguished Professor of Law
Albany Law School
—Albany

Rose Mary K. Bailly, Esq.
Executive Director
New York Law Revision Commission
—Albany

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."

Product Type	Member Price	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	$15.00	$20.00
+ 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	$20.00	$30.00
* New York's New Power of Attorney Statute and Form (2009) (MCLE Audio on CD) D8441	$85.00	$195.00
New York's New Power of Attorney Statute and Form (2009) [Video] (On-Line Programs) V8441	$85.00	$125.00