General Obligations Law 5-1501A — Legislation

Legislation Search OpenLegislation Statutes Search Term Search icon Search previous SECTION 5-1501 Application and definitions up TITLE 15 Statutory Short Form and Other Powers of Attorney For Financial and Estate Planning next SECTION 5-1501B Creation of a valid power of attorney; when effective Viewing most recent revision (from 2014-09-22) View historical revision as of: -- Choose a Date -- 2014-09-22 Share Facebook Email SECTION 5-1501A Power of attorney not affected by incapacity General Obligations (GOB) CHAPTER 24-A, ARTICLE 5, TITLE 15 § 5-1501A. Power of attorney not affected by incapacity. 1. A power of attorney is durable unless it expressly provides that it is terminated by the incapacity of the principal. 2. The subsequent incapacity of a principal shall not revoke or terminate the authority of an agent who acts under a durable power of attorney. All acts done during any period of the principal's incapacity by an agent pursuant to a durable power of attorney shall have the same effect and inure to the benefit of and bind a principal and his or her distributees, devisees, legatees and personal representatives as if such principal had capacity. If a guardian is thereafter appointed for such principal, such agent, during the continuance of the appointment, shall account to the guardian rather than to such principal.