Changes to the New York State Power of Attorney Law: Effective September 1, 2009
Everyone working in aging-related fields needs to be aware of a new law significantly changing New York’s Power of Attorney. Some of the changes of interest to NIAWNY members are:
Existing Powers of Attorney: Durable statutory power of attorney documents properly executed before March 1, 2009 are still valid. However, anyone executing a new power of attorney automatically revokes any and all prior powers of attorney, unless the document specifically provides otherwise.
Agents: In addition to the principal’s signature, the new law requires the agent to sign the form, but not necessarily at the same time as the principal.
Third Parties: Third parties may refuse to accept a power of attorney based on reasonable cause. This includes the agent’s refusal to provide an original or certified copy of the form. An attorney certified copy is acceptable. Third parties do not incur liability for accepting a power of attorney unless they have actual notice that it has been revoked or otherwise terminated.
Monitors: A principal may appoint a monitor who can compel the agent to document all transactions by the agent. The monitor may also request records of those transactions from third parties. This may be useful where financial elder abuse is suspected.
HIPAA: The power to grant an agent access to medical records has been added. This can help healthcare providers and families address payment issues for past, present and future health care consented to by the principal or her health care agent.
The new law will have a sweeping effect on the use of powers of attorney and the liabilities associated with them. You should consult your attorney about your questions.