In New York, the person who signed a power of attorney (the principal) can override it by revoking it, as long as they still have capacity. Nobody else can simply cancel it, not even a close relative, but a court can remove an agent or end the document if the agent breaches their duties or the document was not validly made. A bank, meanwhile, can refuse an agent only for reasons the law allows.
Who can override a power of attorney in New York?
The routes are the principal, a court, and a guardianship court under Article 81 of the Mental Hygiene Law. This table sets out who can do what under the General Obligations Law (GOL) § 5-1511, § 5-1510 and Mental Hygiene Law § 81.29.
| Who | What they can do |
|---|---|
| The principal, while they have capacity | Revoke the whole power of attorney, or the agent’s authority, by following the document’s own terms or by delivering a revocation to the agent |
| A court, on a petition (GOL § 5-1510) | Decide whether the document is valid, whether the principal had capacity when signing, or whether it came from duress, fraud or undue influence; remove an agent who breached fiduciary duties or is unfit, unable or unwilling to serve |
| A court handling an Article 81 guardianship | Change or cancel an earlier power of attorney, but only if it was made while the person was incapacitated or the agent breached a fiduciary duty |
| The agent | Resign; the law also lets an agent ask a court to approve the resignation |
| A bank or other third party | Decline to accept it for the reasons the law lists, but not revoke it |
| A family member with no court order | Cannot revoke it alone; can ask a court to act if they are among the people the statute names, or report concerns to Adult Protective Services |
For how a power of attorney is signed and how it differs from guardianship, see our guide to power of attorney and guardianship in New York.
How do you revoke a power of attorney in New York?
GOL § 5-1511 says a principal can revoke by following the document’s terms, or by giving the agent a revocation in person or sending a signed and dated one by mail, courier, fax or electronic transmission to the agent’s last known address. The statutory form says the principal can do this at any time and for any reason while of sound mind.
Steps, drawn from the statute and the form:
- Write and date a revocation. Say which power of attorney you are revoking and sign it.
- Deliver it to the agent. Delivery in person counts at once. A mailed or electronic notice counts after a reasonable time, and revocation is not effective against the agent until they receive it.
- Notify every bank and institution that has seen the document. A termination does not bind a third party who has no actual notice and acts in good faith. A financial institution is treated as having notice once it has had a reasonable chance to act on written notice at the office that holds the account.
- Record it if the original was recorded. If the power of attorney was recorded for real property, the revocation must be recorded in the same place.
- Revoke old documents explicitly. Under § 5-1511(6), signing a new power of attorney does not revoke an earlier one, so a replacement needs its own revocation.
The agent must honor a revocation even if the principal seems incapacitated, unless the principal is under an Article 81 guardianship.
Can a family member revoke a power of attorney?
Not on their own. The statute gives the power to revoke to the principal. A relative who is worried has two main paths: a court petition, or a report to Adult Protective Services.
Under § 5-1510, a special proceeding may be started by the agent, the principal’s spouse, child or parent, the principal’s successor in interest, any third party who may be required to accept the document, and the people entitled to ask the agent for records (see below). Brothers, sisters and friends are not named in that list, so ask an elder law attorney who has standing. If the court finds a ground, it can remove the agent and, under § 5-1510(4), order records and the principal’s property delivered to a successor agent or the principal’s legal representative.
Guardianship is a separate court path, covered in the guide linked above. Under § 81.29, a court that appoints an Article 81 guardian may change or cancel an earlier power of attorney only in the two situations in the table.
What can a power of attorney agent not do?
An agent owes the principal a fiduciary duty. The table summarizes the standard-of-care section (§ 5-1505) and the statutory short form (§ 5-1513). A non-statutory document may differ, so read its wording.
| Topic | What the law says |
|---|---|
| Whose interest comes first | Follow the principal’s instructions; if there are none, act in the principal’s best interest and avoid conflicts of interest |
| Standard of care | Act with the care a prudent person uses with another person’s property |
| Mixing money | Keep the principal’s property separate from the agent’s, with limited exceptions for jointly owned property |
| Gifts | None, including to the agent, unless the document specifically allows them; under the statutory form, gifts are capped at $5,000 per calendar year unless the Modifications section expressly grants more |
| Pay | None, unless the document provides for compensation; reasonable expenses actually paid can be reimbursed (§ 5-1506) |
| Records | Keep a record of all receipts, disbursements and transactions, and provide it with a copy of the document within 15 days of a written request from a person the statute lists |
| Health care decisions | Not allowed; the form says the agent cannot make them (a health care proxy does that) |
Who can ask an agent for records?
Under § 5-1505, the agent must provide records within 15 days of a written request from a monitor (someone the principal named for that purpose), a co-agent or successor agent, a government official investigating possible abuse or neglect, a court evaluator or guardian ad litem, a guardian of the estate, or the personal representative of a deceased principal’s estate. If the agent refuses, § 5-1510(1) allows a proceeding to compel them. The New York Attorney General suggests naming a monitor who receives a record of transactions.
Can a power of attorney change a will?
The statute does not say so, and the rules for wills point the other way. EPTL § 3-2.1 requires a will to be in writing, signed by the testator (or by another person in the testator’s presence and at their direction), and declared to be the will in front of at least two witnesses. The “estate transactions” authority in GOL § 5-1502G covers matters such as dealing with estates and trusts in which the principal has an interest. It does not list making or changing the principal’s will.
Gifts are a related risk. The statutory form warns that gift authority could significantly reduce the principal’s property or change how it is distributed at death. An agent cannot rewrite the will, but gifts can change what is left under it.
Does a power of attorney end at death?
Yes. GOL § 5-1511 lists the principal’s death as the first event that terminates a power of attorney. The agent’s authority ends, and the estate’s personal representative, such as an executor or administrator, takes over. An agent should stop acting and speak to an estate attorney.
Incapacity is different. Under § 5-1501A, a power of attorney is durable unless it expressly says it ends on the principal’s incapacity, so the agent’s authority normally continues.
Can a bank refuse a power of attorney?
Yes, but only on the terms of GOL § 5-1504, which governs acknowledged and witnessed statutory short form documents. A third party must respond on a set clock:
| Step | Deadline |
|---|---|
| Third party receives the original or a certified copy | Ten business days to honor it, reject it in writing with reasons, or ask for an acknowledged affidavit from the agent |
| Agent or principal answers a written rejection | Seven business days for the third party to honor it or give a final written rejection |
| Agent supplies the requested affidavit | Seven business days to honor the document unless reasonable cause exists |
Reasonable cause includes a good-faith referral to Adult Protective Services, knowledge of the principal’s death, notice of revocation, or a reasonable basis to think the document came from fraud, duress or undue influence. Refusing only because the document is not on the bank’s own form, or because time has passed since signing, is not allowed. If a bank unreasonably refuses, § 5-1510 lets the court compel it and award damages and attorney’s fees.
Is the agent responsible for nursing home bills?
Not just because they are the agent. Federal rule 42 CFR 483.15(a)(3) says a nursing facility may not request or require a third-party guarantee of payment as a condition of admission or continued stay. It may require a resident representative with legal access to the resident’s income or resources to sign a contract to pay from those funds, without personal financial liability.
The statutory form tells agents to sign as “agent” for the principal, and agents can still be liable for violating their duties. Our guide to family caregiver legal duty in New York explains what the law does and does not require of relatives.
What is an agent’s duty when Medicaid or care decisions come up?
Money matters sit with the agent; medical choices do not. Under GOL § 5-1502J, an agent may apply for government benefits, pursue claims and communicate with government employees for the principal. Under § 5-1502K, the agent may handle health care bills, benefits and records, but may not make health care decisions. Treatment decisions belong to the patient or a health care agent named in a proxy. See health care proxy vs power of attorney.
Gifts and transfers need special caution. For nursing home Medicaid, the Department of Health’s GIS 15 MA/007 describes a review of asset transfers in the 60 months before the application. See our pages on Medicaid spend-down and joint bank accounts and Medicaid, and ask an elder law attorney before any transfer.
What are the signs an agent is misusing a power of attorney?
Warning signs from the New York State Office for the Aging and the Attorney General include changes in banking or spending, unpaid bills the person should be able to pay, items missing from the home, and out-of-character spending. An agent who will not provide records after a written request from someone entitled to them is also a concern, since the law sets a 15-day deadline.
These are signs to look into, not proof. If you suspect abuse or financial exploitation, contact Adult Protective Services (APS).
| Situation | Who to contact |
|---|---|
| Immediate danger | 911 |
| Suspected abuse, neglect or financial exploitation (statewide) | NYS APS helpline 1-844-697-3505, Monday to Friday, 8:30 a.m. to 8 p.m. |
| Same, in New York City | NYC HRA APS through DSS OneNumber, 718-557-1399, Monday to Friday, 9 a.m. to 5 p.m. |
| Borough offices | Brooklyn 718-722-4830 or 718-722-4812; Queens 718-883-8254 |
According to NYC HRA, anyone can refer a client to APS, and an eligible person gets a home visit within three business days, or 24 hours if life-threatening. Our guide to elder abuse in New York has more warning signs and hotlines.
We are a licensed home care agency in Brooklyn and Queens, licence #2572L001, New York State Department of Health. We cannot give legal advice or investigate abuse, but if you are arranging care for a parent while sorting out who is in charge of their affairs, we can talk through the care side. Call (718) 232-2777 or use our contact page.
Laws change and every situation is different. Everything above was checked on 12 October 2026 against nysenate.gov (GOL Article 5, Title 15, EPTL § 3-2.1, Mental Hygiene Law § 81.29), ecfr.gov, health.ny.gov, nyc.gov and aging.ny.gov. This page is general information, not legal advice. An elder law attorney should be consulted about your own case.
Frequently asked questions
Who can override a power of attorney?
The principal can, by revoking it while they have capacity. A court can also remove an agent or end the document on a petition if the agent breached their duties or the document was not validly made. A court handling an Article 81 guardianship can change or cancel an earlier power of attorney in limited situations.
How do I revoke a power of attorney in New York?
Follow the revocation terms in the document, or deliver a signed, dated revocation to the agent in person or by mail, courier, fax or electronic transmission. Then notify each bank and institution in writing, and record the revocation where the document was recorded if it was recorded for real property.
Can a family member revoke a power of attorney?
No, the statute gives that right to the principal. A spouse, child or parent can ask a court to act under GOL § 5-1510, and anyone can report suspected exploitation to Adult Protective Services. A lawyer can advise who has standing in your family.
Does power of attorney end at death?
Yes. GOL § 5-1511 lists the principal’s death as an event that terminates it. The estate’s personal representative then handles the principal’s affairs.
Can a power of attorney change a will?
The statute does not give an agent that power, and a will has its own signing and witnessing rules under EPTL § 3-2.1. Gifts by an agent without authority can still reduce what is left, which a court can review.
Is the power of attorney responsible for nursing home bills?
Not personally because of that role. Federal rules bar a nursing facility from requiring a third-party guarantee of payment, though it may ask an agent with access to the resident’s funds to sign a contract to pay from those funds without personal liability.
Can a bank refuse to honor a power of attorney?
Only for reasons the law allows, and on a set timeline: ten business days to respond, and seven business days after a written answer or an affidavit. An unreasonable refusal can lead to a court order, damages and attorney’s fees.
