When you sign for someone under a power of attorney in New York, you sign as their agent, and you say so. The statutory form tells the agent to write the principal’s name and sign your own name as “agent” in one of two ways: (Principal’s Name) by (Your Signature) as Agent, or (Your Signature) as Agent for (Principal’s Name). Never sign the principal’s name alone, and never sign only your own name with no mention of the power of attorney.
What is the correct way to sign as power of attorney in New York?
The two accepted wordings come from the “Important Information for the Agent” section of New York’s statutory short form power of attorney (General Obligations Law section 5-1513). The form says you must “disclose your identity as an agent whenever you act for the principal.” Below, the principal is Maria Lopez and the agent is her son Daniel Lopez. These names are examples only.
| How it is signed | Does it follow the statutory wording? |
|---|---|
| Maria Lopez by Daniel Lopez as Agent | Yes. This is the first wording in the form. |
| Daniel Lopez as Agent for Maria Lopez | Yes. This is the second wording in the form. |
| Maria Lopez (signed by Daniel, with nothing else) | No. It hides that an agent acted, and the form requires the agent to disclose that role. |
| Daniel Lopez (with no mention of the power of attorney) | No. The institution cannot tell whether he is signing for himself or for Maria. |
| Daniel Lopez, POA | Not the wording the statute gives. Write “as Agent,” as the form directs. |
The same wording works on any document the power of attorney covers, such as a check, a bank form or a contract. Print the principal’s name, add “by,” then sign your own name and write “as Agent.” Keep a copy of every document you sign. The law says the agent must keep a record of every transaction.
What makes a New York power of attorney valid in the first place?
The right signature on a document will not help if the power of attorney itself was not signed correctly. Under General Obligations Law section 5-1501B, a power of attorney signed in New York must meet these requirements:
- Typed or printed clearly, in letters of at least 12-point size.
- Signed, initialed and dated by the principal, who must have capacity. Another person may sign in the principal’s name at the principal’s direction and in the principal’s presence, but that person cannot be the agent or a successor agent.
- Acknowledged before a notary, in the manner used for a real property deed.
- Witnessed by two people who are not named in the document as agents or as permitted recipients of gifts. The notary may be one of the two witnesses.
- Signed and dated by each agent, with the agent’s signature also acknowledged.
- Substantially the same wording as the statute’s “Caution to the Principal” and “Important Information for the Agent.”
Two details catch families out. First, the principal and agent do not have to sign at the same time, and a gap between the two acknowledgments does not by itself make the document invalid. Second, the date on which an agent’s signature is acknowledged is the date the power of attorney takes effect as to that agent, unless it is written to take effect on a later date or event. Until you have signed and acknowledged your own page, you cannot use it.
Can a bank or hospital refuse a power of attorney in New York?
Only with a good reason, and on a deadline. General Obligations Law section 5-1504 covers how third parties must treat a properly signed statutory short form power of attorney.
| A third party can refuse for reasonable cause such as | A third party cannot refuse only because |
|---|---|
| You will not provide the original or an attorney-certified copy | The document is not on the institution’s own form |
| It knows or has a reasonable basis to believe the principal has died or was incapacitated when the document was signed | Time has passed since the power of attorney was signed |
| It suspects fraud, duress or undue influence, or has been told the power of attorney was revoked | The agent signed on a later date than the principal |
| It has referred the case to adult protective services, or knows of a report alleging abuse or exploitation by the agent | |
| You will not give a requested agent’s certification or an opinion of counsel |
The statute also sets a clock. Not later than the tenth business day after you present the original or a certified copy, the institution must honor the document, reject it in writing with its reasons, or ask you to sign an acknowledged affidavit that the power of attorney is still in force. If it asks for the affidavit, it must honor the power of attorney within seven business days after receiving it, unless reasonable cause exists. If a bank refuses with no valid reason, speak to an elder law attorney.
What records and limits apply to an agent?
The agent has a legal duty of care. According to section 5-1505 and the “Important Information for the Agent” in the statutory form, an agent must:
- act on the principal’s instructions or, if there are none, in the principal’s best interest;
- avoid conflicts that would impair the ability to act in the principal’s best interest;
- keep the principal’s property separate from your own, unless the law allows otherwise;
- keep a record of all receipts, disbursements and transactions, and make that record and the power of attorney available within fifteen days of a written request from certain people, such as the principal, a guardian or a representative of the principal’s estate;
- not use the principal’s assets to benefit yourself or anyone else, or make gifts to yourself or anyone else, unless the principal has specifically given that authority in the document.
The statutory form also says gifts above a total of $5,000 a year, or changes to the principal’s interest in their property, require express authority in the “Modifications” section. If you are unsure whether an action is within your authority, the form’s own advice is to get legal advice before you sign.
Is a power of attorney the same as a health care proxy or guardianship?
No. A power of attorney is the agent’s authority over the matters the document lists, and it depends on the principal having had capacity when signing. Medical decisions in New York usually go through a separate health care proxy, and the Department of Health says it names a health care agent to make medical decisions if the person cannot. If a person has lost capacity and has no valid document, the family may need a court-appointed guardian. Our guide to POA and guardianship in New York explains the differences, and the Department of Health’s health care agent page covers the proxy. For young adults, see Medicaid and decision-making at 18.
If you are an agent who also manages a parent’s care, these guides may help: what Medicaid covers for home care, Medicaid spend-down and how to choose a home care agency.
We are a licensed home care agency in Brooklyn and Queens, New York State Department of Health licence #2572L001. We do not give legal advice. Call (718) 232-2777 or use our contact page.
Laws change, and this is general information, not legal advice. Everything above was checked on 9 October 2026 against the text of General Obligations Law sections 5-1501B, 5-1504, 5-1505 and 5-1513 and the Department of Health’s health care agent page. The nysenate.gov site blocked our automated access, so we read the statute text from a public mirror of the same sections. Ask an attorney or your bank about your specific document.
Frequently asked questions
What is the correct way to sign a check as power of attorney in New York?
Write the principal’s name, then “by,” then sign your own name and add “as Agent,” for example: Maria Lopez by Daniel Lopez as Agent. The statutory form also allows: Daniel Lopez as Agent for Maria Lopez. Do not sign only the principal’s name.
How do you sign a document as POA?
Use one of the two statutory wordings and keep a copy. The aim is to make clear that you are acting for the principal under the power of attorney and not for yourself.
Does a power of attorney in New York need witnesses?
Yes. Under General Obligations Law section 5-1501B, the principal’s signature must be acknowledged before a notary and witnessed by two people who are not named as agents or gift recipients. The notary can serve as one of the witnesses.
Does the agent also have to sign the power of attorney?
Yes. Each agent must sign and date the document, and the signature must be acknowledged. The agent’s acknowledgment date is the effective date as to that agent.
Can a bank refuse my power of attorney?
Only for reasonable cause, such as refusal to provide the original or a certified copy, or suspicion of fraud. A bank cannot refuse only because the document is not on its own form or because time has passed. It must act within ten business days after you present an original or certified copy.
Can an agent give gifts or pay themselves from the principal’s money?
Not unless the document specifically gives that authority. The statutory form says gifts above $5,000 a year and gifts to the agent need express authority in the Modifications section.
