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A December 2021 Look at the “New” Power of Attorney

Don’t wait until the last minute to finish this document. In an emergency, this document is powerful even if you have a solid will and/or family trust.

The power of attorney (“POA”) should be part of every adult’s financial and estate planning. Unless an individual’s assets are jointly owned or held by a trust, no one can handle his/her financial affairs in the event of incapacity without a power of attorney. It would take a lengthy and expensive court process to appoint a guardian. 

A POA is not just a tool to be used later in life. Every parent of a college-bound student should consider having that young adult execute a POA so they can handle financial matters, or even gain access to their child’s residential quarters, if needed.

Earlier this year, the New York State Legislature made significant changes to the New York power of attorney law, which went into effect on June 13, 2021. Because of these changes, it is important for New Yorkers and others with New York POAs to review them at this time and to consider updating them.

An overview of the changes

Title 15 of Article 5 of New York’s General Obligations Law establishes a “statutory short form power of attorney” by which an individual, the Principal, can designate an Agent to act on the Principal’s behalf in matters of personal and financial nature. Even though the POA form may consist of several pages, especially when permitted modifications are added, it is still called Statutory Short Form, so that the language conferring authority with respect to each power listed on the “short form” is construed to incorporate a full description and extent of the agent’s authorized transactions set forth in the statute. Similar statutes exist in many other states.

Powers of attorney are frequently refused by financial institutions and other third parties. Changes in the New York power of attorney law that went into effect in June simplify the form and reduce the likelihood of financial institutions refusing to honor validly executed POAs.
In 2009, a POA form that deviated from the statutory language would be deemed invalid. The statutory form also limited the agent’s ability to make gifts by allowing only a maximum aggregate annual gift of $500, unless the principal executed a separate Statutory Gift Rider (“SGR”). Additionally, the old law provided no sanctions or punitive remedies for third parties refusing to honor a valid POA. 

As a result of the new law, the following significant changes have been made:

  1. Compliance with statutory requirements. According to the new law, a POA form must “substantially conform” to the language provided in the General Obligations Law *5-1513, but is not required to be identical to the POA form in the General Obligations Law §5-1513. POA forms may be valid even if they contain slight errors in spelling, punctuation, formatting, or type slightly different from the statutory POA form language. The following two warnings, which are in the NY GOL *5-1513, cannot be omitted from the POA: the “Important Information for the Agent” clause and the “Caution to the Principal” clause.
  2. Legislative gift riders will be eliminated. In order for the agent to make gifts in excess of $500 per year, the principal previously had to execute a separate SGR, which required two witnesses to witness the principal’s signature and an acknowledgment from a notary. By amending the law, a principal can authorize the agent to make gifts up to $5,000 per year, and additionally, the principal can modify the standard POA form to authorize the agent to make gifts exceeding $5,000 per year, and to authorize the agent to make gifts to himself or herself or to make other gift transactions and changes to interests in the principal’s property without the need for a separate SGR.
  3.  Penalties for not accepting a valid POA. In the past, financial institutions have refused to accept a valid, properly executed POA or only recognized their own form. Previously, there weren’t any penalties for unreasonable refusal to honor POA. Under the new law, if a third party is found to have acted unreasonably in refusing a POA, the court can award damages, including reasonable attorneys’ fees and costs. A POA can be rejected under certain circumstances, and there’s a timeline for when it can be rejected. POA recipients have 10 days to accept or reject the POA, or to ask for an affidavit from the agent or an opinion of counsel from the principal, and must then accept or reject the POA in writing within seven days of receiving the affidavit or opinion of counsel. 
  4. Third parties acting in good faith are protected by the Safe Harbor. By law, recipients of a POA are protected if they act in good faith when accepting the POA, even if the POA is later deemed invalid. The recipient is shielded from liability if the following conditions are met: (a) the POA must have the principal’s acknowledged signature verified by a notary public or another authorized to accept acknowledgments; and (b) the recipient must not know that the principal’s signature is forged, the POA is invalid, or that the agent is abusing his/her/its authority.
  5. Requirement for execution. In New York, a statutory power of attorney, or a non-statutory power of attorney, executed by a principal must: (a) be typed or printed in clear type no smaller than 12 points; and (b) be signed, initialed, and dated by the principal or by another person other than the principal’s agent or successor agent, in the principal’s presence and under the principal’s direction. In either case, the signature of the person signing must be duly notarized and acknowledged, and must be witnessed by two persons who are not named in the instrument as agents or as permissible recipients of gifts, principal. The person who takes the acknowledgment may also serve as one of the witnesses. 

Though third parties may more readily accept the new POA form, powers of attorney and statutory gift riders properly executed previously under the law in effect at the time of execution will remain valid.

Apostille Near Me

The search term “Apostille Services Near Me” is one of the most common searches for individuals trying to find an apostille company to authenticate their documents.

For some industries, using a company that makes believe they’re “near you” might be ok. But apostille authentications of your documents, whether a birth certificate or sensitive business documents are not one of them.

Many companies that show up on Google will make-believe they’re “near you” then try and send you FedEx or UPS “mailer packs” to have you ship your documents to them.

This – is what an “apostille service near me” that pays for Google ads does. They essentially waste your time, money and destroy the Apostille business for the rest of us.

If you’re in Westchester County, White Plains Apostille and Mobile Notary either allows you to drop off your documents in person or, in Southern Westchester, will pick them up from you. When expediting your apostille authentication, your documents never leave the expediter’s hands.

Just the fact they are claiming to be an “apostille near me” begins your relationship on a fallacy. If you’re in Westchester, Rockland, or The Bronx we are “an apostille service near me”! We are physically here and “near you”.

In addition, we offer document drop-offs and pick-ups 7 days a week, 24 hours a day.

Text or call today to discuss what we can do for you! (914)441-2444 or use our convenient online form for a no-obligation quote www.apostilleapply.com

Apostille in a Hurry?

Apostilleapply.com can help you!

We are located in the heart of White Plains, New York and with our proximity to both the Westchester County Clerk and the Department of State in New York City we process Apostille applications each and every day.

There are no mailings or envelopes to deal with. We pick up and can many times deliver your Apostille in one day!

Westchester Apostille offers 10 day, 5 day and 24 hour processing.

If you’re outside of New York state, then upload your documents for color laser printing and same day Apostilles as well. Apostilleapply.com, Apostilles in a hurry!

Apostille apply – Apostille New York.

similar articles: Apostilles In A Hurry With Apostille Apply || Apostilles Made Easy And Fast For You With Apostille Apply

“Our location is convenient for you because we’re located just minutes from the Westchester County Clerk’s office and Department of State branch.”

“No mailing or envelopes are required with our service – all documents can be picked up or delivered to us within one day!”

“Printing your document color laser printed will not affect its integrity when using an apostille seal on it.”

apostilleapply.com trustpilot

How to get an Apostille Birth Certificate in New York in November 2021

Birth Certificate Apostilles are processed through our expediters at the NYS Department of State in New York City every day.

Generally speaking, one of the first steps to get the apostille is to order a certified copy of the birth certificate through the New York State Department of Vital Statistics. 

There are literally millions of U.S. citizens living abroad and many get married, work, or establish businesses outside the United States. If an U.S. citizen is about to marry abroad, obtain dual citizenship, or start a business in a member of the Hague Apostille network, then they will need to provide a birth certificate with an apostille. The birth certificate must be authenticated by the same state that has issued the certified copy.

Let New York Apostilles help handle the process for as little as $149. We can even assist you in authenticating a copy as many countries will accept copies when you can not obtain an exemplified or certified copy.

You can even upload your copy securely here: apostilleapply.com

Questions about the process? Call, text or WhatsApp Apostille Expediter Harry Otto at (914)441-2444 7 days a week.

Apostille Birth Certificate Definition

An apostille is a certification or authentication provided under the 1961 Hague Convention for authenticating documents for use in foreign countries.

The main function of a birth certificate apostille is to certify the authenticity of the signature of the document and the authenticity and legal standing of the originating notary.

Both the New York State and the U.S Department of State will only issue apostilles for documents to use in countries that are members of the 1961 Hague Convention.

State-issues documents for use in countries that are members of 1961 convention must be authenticated by the competent authority in the state where the document was issued.

Most states consider that a birth certificate is a private document but any person can obtain an apostille of their birth certificate. An apostille birth certification is an official copy of the original birth certificate that is verified and signed by the respective official – for example the Westchester County Clerk.

Questions about apostillebirthcertificatenewyork.com

Westchester Rockland Apostille Service

Our satellite office located at 303 S. Broadway in Tarrytown, a rock throw from the Hudson River and instant access from the bridge. With daily courier service to the Westchester County Clerk in White Plains as well as with the Department of State in both Albany and William Street in New York City, we process Apostille applications in as little as 24 hours for the minute you hit “ENTER” though apostilleapply.com!

The only information we will need is:

Your name and address, and
The type of documents you need authenticated, and
The country the documents will be sent to, and
How quickly you would like the documents returned to you.

A single page apostille with ALL fees is always $149. The service even includes FedEx service to Albany. Additional fees only apply if you would like to use expedited service and if you would like us to laser print your documents. At certain times we can expedite you application and have it back in your hands in as little as 24 hours.

There is NO OBLIGATION to fill out the apostilleapply.com form, but the sooner you begin the process the sooner we can complete the process for you.

Have a question first? Text or WhatsApp to (914)441-2444

Apostille Birth Certificate New York

Apostille Birth Certificate New York with apostilleapply.com

The process of how to apostille a birth certificate in New York takes one of two possible directions. It’s always a question of what the receiving entity will accept. More often than not, countries such as Israel, India, Italy, etc. will accept a copy of the official birth certificate and not the original or exemplified version. How can you do this yourself? Most notaries in New York won’t know what to do with your birth certificate copy to properly begin the apostille process, as authenticating documents is outside the allowable duties of a notary. New York Apostilles not only has the proper affidavit stamps to authenticate your birth certificate, we offer an iron-clad acceptance guarantee that your birth certificate will be accepted or we will reprocess and submit your documents for free. At only $149 we can handle your “Apostille Birth Certificate New York” so you can focus on obtaining your passport, Visa or EU drivers license. Contact us today at apostilleapply.com and let us quickly handle the process.
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Westchester County Notary

We are often asked to apostille documents that come from Rockland County and while we can apostille the documents, we can not notarize or authenticate the notary stamp of a Rockland County commissioned notary. We are only commissioned in Westchester County and, as such, can only notarize your documents in Westchester. One of the important reasons for this, is that should a problem arise that requires a Court’s intervention, it would be difficult to call an “out of county” notary into a proceeding.

We are located just steps away from the Westchester County Clerk’s office in Downtown White Plains.

But we are still fully qualified and regularly apostille or authenticate documents from anywhere in New York State. If you have any questions whatsoever please reach out by text, WhatsApp or phone to (914)441-2444 or use our online form at apostilleapply.com

If you only require a Westchester Notary for mobile services, please use our “contact a notary” form. We are available 7 days a week until 11pm!

Apostille Translations

Our team of translators can have your Spanish, Italian, Portuguese and German documents translated to or from English in 24 hours – ready to be apostilled or submitted to third parties. Starting at only $99 for the first page we GUARANTEE your translation will be accepted or we will redo it. Upload your documents to be translated at http://westchestertranslations.com today. We are located in the heart of White Plains and have been providing certified translations since 2012.