Legal Question in Wills and Trusts in New York

I am looking at a power of attorney drafted in 2001 which was years before the New York Legislature passed, and the then Governor signed, amendments to the New York Power of Attorney Law, Sections 5-1501–5-1514 of the General Obligations Law, which became effective on September 1, 2009. The new law even requires the inclusion of very specific language in any power of attorney executed subsequently in the State of New York in order for it to be valid. Among other very specific language, it must include the following caution to the principal: 'If you are revoking a prior Power of Attorney, you should provide written notice of the revocation to your prior agent(s)'.

This 2001 power of attorney makes no mention of revocation or termination of any prior powers of attorney but, although I know what the law is now (after 9/1/09), I don't know what the law was at the time of the drafting of this power of attorney (in 2001). Does its failure to revoke or terminate any earlier powers of attorney mean that a power of attorney drafted earlier in time than this 2001 power of attorney would still govern?

Asked on 9/28/18, 4:52 pm

1 Answer from Attorneys

Richard Bryan Richard Bryan Attorney PC

Definitely not. The newer document controls.

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Answered on 9/28/18, 8:15 pm

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