Legislation
SECTION 5-1502I
Construction--personal and family maintenance
General Obligations (GOB) CHAPTER 24-A, ARTICLE 5, TITLE 15
§ 5-1502I. Construction--personal and family maintenance. In a
statutory short form power of attorney, the language conferring general
authority with respect to "personal and family maintenance" must be
construed to mean that the principal authorizes the agent:
1. To do all acts necessary for maintaining the customary standard of
living of the spouse and children, and other dependents of the
principal, including by way of illustration and not by way of
restriction, power to provide living quarters by purchase, lease or by
other contract, or by payment of the operating costs, including
interest, amortization payments, repairs and taxes, of premises owned by
the principal and occupied by his family or dependents, to provide
normal domestic help for the operation of the household, to provide
usual vacations and usual travel expenses, to provide usual educational
facilities, and to provide funds for all the current living costs of
such spouse, children and other dependents, including, among other
things, shelter, clothing, food and incidentals;
2. To provide, whenever necessary, medical, dental and surgical care,
hospitalization and custodial care for the spouse, children and other
dependents of the principal;
3. To continue whatever provision has been made by the principal,
prior to the creation of the agency or thereafter, for his spouse,
children and other dependents, with respect to automobiles, or other
means of transportation, including by way of illustration but not by way
of restriction, power to license, to insure and to replace any
automobiles owned by the principal and customarily used by the spouse,
children or other dependents of the principal;
4. To continue whatever charge accounts have been operated by the
principal prior to the creation of the agency or thereafter, for the
convenience of his spouse, children or other dependents, to open such
new accounts as the agent shall think to be desirable for the
accomplishment of any of the purposes enumerated in this section, and to
pay the items charged on such accounts by any person authorized or
permitted by the principal to make such charges prior to the creation of
the agency;
5. To continue the discharge of any services or duties assumed by the
principal, prior to the creation of the agency or thereafter, to any
parent, relative or friend of the principal;
6. To supervise and to enforce, to defend or to settle any claim by or
against the principal arising out of property damages or personal
injuries suffered by or caused by the principal, or under such
circumstances that the loss resulting therefrom will, or may fall on the
principal;
7. To continue payments incidental to the membership or affiliation of
the principal in any church, club, society, order or other organization
or to continue contributions thereto;
8. To demand, to receive, to obtain by action, proceeding or otherwise
any money or other thing of value to which the principal is or may
become or may claim to be entitled as salary, wages, commission or other
remuneration for services performed, or as a dividend or distribution
upon any stock, or as interest or principal upon any indebtedness, or
any periodic distribution of profits from any partnership or business in
which the principal has or claims an interest, and to endorse, collect
or otherwise realize upon any instrument for the payment so received;
9. To prepare, to execute and to file all tax, social security,
unemployment insurance and information returns required by the laws of
the United States, or of any state or subdivision thereof, or of any
foreign government, to prepare, to execute and to file all other papers
and instruments which the agent shall think to be desirable or necessary
for the safeguarding of the principal against excess or illegal taxation
or against penalties imposed for claimed violation of any law or other
governmental regulation, and to pay, to compromise, or to contest or to
apply for refunds in connection with any taxes or assessments for which
the principal is or may be liable;
10. To utilize any asset of the principal for the performance of the
powers enumerated in this section, including by way of illustration and
not by way of restriction, power to draw money by check or otherwise
from any bank deposit of the principal, to sell any land, chattel, bond,
share, commodity interest, chose in action or other asset of the
principal, to borrow money and to pledge as security for such loan, any
asset, including insurance, which belongs to the principal;
11. To execute, to acknowledge, to verify, to seal, to file and to
deliver any application, consent, petition, notice, release, waiver,
agreement or other instrument which the agent may think useful for the
accomplishment of any of the purposes enumerated in this section;
12. To prosecute, to defend, to submit to alternative dispute
resolution, to settle, and to propose or to accept a compromise with
respect to, any claim existing in favor of, or against, the principal
based on or involving any transaction enumerated in this section or to
intervene in any action or proceeding relating thereto;
13. To hire, to discharge, and to compensate any attorney, accountant,
expert witness or other assistant or assistants when the agent shall
think such action to be desirable for the proper execution by him of any
of the powers described in this section, and for the keeping of needed
records thereof;
14. To continue gifts that the principal customarily made to
individuals and charitable organizations prior to the creation of the
agency, provided that in any one calendar year all such gifts shall not
exceed five thousand dollars in the aggregate; and
15. In general, and in addition to all the specific acts in this
section enumerated, to do any other act or acts, which the principal can
do through an agent, for the welfare of the spouse, children or
dependents of the principal or for the preservation and maintenance of
the other personal relationships of the principal to parents, relatives,
friends and organizations.
All powers described in this section 5-1502I of the general
obligations law shall be exercisable equally whether the acts required
for their execution shall relate to real or personal property owned by
the principal at the giving of the power of attorney or thereafter
acquired and whether such acts shall be performable in the state of New
York or elsewhere.
statutory short form power of attorney, the language conferring general
authority with respect to "personal and family maintenance" must be
construed to mean that the principal authorizes the agent:
1. To do all acts necessary for maintaining the customary standard of
living of the spouse and children, and other dependents of the
principal, including by way of illustration and not by way of
restriction, power to provide living quarters by purchase, lease or by
other contract, or by payment of the operating costs, including
interest, amortization payments, repairs and taxes, of premises owned by
the principal and occupied by his family or dependents, to provide
normal domestic help for the operation of the household, to provide
usual vacations and usual travel expenses, to provide usual educational
facilities, and to provide funds for all the current living costs of
such spouse, children and other dependents, including, among other
things, shelter, clothing, food and incidentals;
2. To provide, whenever necessary, medical, dental and surgical care,
hospitalization and custodial care for the spouse, children and other
dependents of the principal;
3. To continue whatever provision has been made by the principal,
prior to the creation of the agency or thereafter, for his spouse,
children and other dependents, with respect to automobiles, or other
means of transportation, including by way of illustration but not by way
of restriction, power to license, to insure and to replace any
automobiles owned by the principal and customarily used by the spouse,
children or other dependents of the principal;
4. To continue whatever charge accounts have been operated by the
principal prior to the creation of the agency or thereafter, for the
convenience of his spouse, children or other dependents, to open such
new accounts as the agent shall think to be desirable for the
accomplishment of any of the purposes enumerated in this section, and to
pay the items charged on such accounts by any person authorized or
permitted by the principal to make such charges prior to the creation of
the agency;
5. To continue the discharge of any services or duties assumed by the
principal, prior to the creation of the agency or thereafter, to any
parent, relative or friend of the principal;
6. To supervise and to enforce, to defend or to settle any claim by or
against the principal arising out of property damages or personal
injuries suffered by or caused by the principal, or under such
circumstances that the loss resulting therefrom will, or may fall on the
principal;
7. To continue payments incidental to the membership or affiliation of
the principal in any church, club, society, order or other organization
or to continue contributions thereto;
8. To demand, to receive, to obtain by action, proceeding or otherwise
any money or other thing of value to which the principal is or may
become or may claim to be entitled as salary, wages, commission or other
remuneration for services performed, or as a dividend or distribution
upon any stock, or as interest or principal upon any indebtedness, or
any periodic distribution of profits from any partnership or business in
which the principal has or claims an interest, and to endorse, collect
or otherwise realize upon any instrument for the payment so received;
9. To prepare, to execute and to file all tax, social security,
unemployment insurance and information returns required by the laws of
the United States, or of any state or subdivision thereof, or of any
foreign government, to prepare, to execute and to file all other papers
and instruments which the agent shall think to be desirable or necessary
for the safeguarding of the principal against excess or illegal taxation
or against penalties imposed for claimed violation of any law or other
governmental regulation, and to pay, to compromise, or to contest or to
apply for refunds in connection with any taxes or assessments for which
the principal is or may be liable;
10. To utilize any asset of the principal for the performance of the
powers enumerated in this section, including by way of illustration and
not by way of restriction, power to draw money by check or otherwise
from any bank deposit of the principal, to sell any land, chattel, bond,
share, commodity interest, chose in action or other asset of the
principal, to borrow money and to pledge as security for such loan, any
asset, including insurance, which belongs to the principal;
11. To execute, to acknowledge, to verify, to seal, to file and to
deliver any application, consent, petition, notice, release, waiver,
agreement or other instrument which the agent may think useful for the
accomplishment of any of the purposes enumerated in this section;
12. To prosecute, to defend, to submit to alternative dispute
resolution, to settle, and to propose or to accept a compromise with
respect to, any claim existing in favor of, or against, the principal
based on or involving any transaction enumerated in this section or to
intervene in any action or proceeding relating thereto;
13. To hire, to discharge, and to compensate any attorney, accountant,
expert witness or other assistant or assistants when the agent shall
think such action to be desirable for the proper execution by him of any
of the powers described in this section, and for the keeping of needed
records thereof;
14. To continue gifts that the principal customarily made to
individuals and charitable organizations prior to the creation of the
agency, provided that in any one calendar year all such gifts shall not
exceed five thousand dollars in the aggregate; and
15. In general, and in addition to all the specific acts in this
section enumerated, to do any other act or acts, which the principal can
do through an agent, for the welfare of the spouse, children or
dependents of the principal or for the preservation and maintenance of
the other personal relationships of the principal to parents, relatives,
friends and organizations.
All powers described in this section 5-1502I of the general
obligations law shall be exercisable equally whether the acts required
for their execution shall relate to real or personal property owned by
the principal at the giving of the power of attorney or thereafter
acquired and whether such acts shall be performable in the state of New
York or elsewhere.