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New Statutory Durable Power of Attorney Form to go Into Effect on Sept 1, 2009
Posted on Aug 24 2009
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     From the Office of the President of the NYS Bar Association

Dear OCBA Member:

In continuing my theme of "Lawyers Helping Lawyers," I am pleased to announce that a new form updating and replacing the old Power of Attorney form is available free of charge to State Bar members in an easily downloadable format on our Web site. Also available on our Web site is the Statutory Major Gifts Rider form that must be completed to grant an agent the authority to make major gifts. For more information and to access these free forms, please visit

The new Statutory Durable Power of Attorney is scheduled to go into effect in New York State on September 1, 2009. To assist attorneys in understanding this new law, the State Bar's Trusts and Estates Law Section and Committee on Continuing Legal Education will present a 2-credit MCLE webcast on Thursday, August 27, 2009 from 1:00 p.m.- 3:00 p.m.  This program also will be broadcast live from the State Bar Center in Albany for those who would like to attend in person. For further details, including registration information for this webcast, please visit

We are pleased to provide not only an educational program on the new law, but also a free Power of Attorney form.  We hope that this package of resources will guide you through this important change in the law. Note that although the specific language of the statutory forms cannot be changed, modifications can be made in subsection (g) of the Power of Attorney form and under paragraphs (b) and (c) of the Major Gifts Rider Authorization.  A review committee developed suggested clauses that can be included as modifications in these forms. You are strongly encouraged to insert the clause regarding the revocation of prior powers of attorney in paragraph (g) of the Power of Attorney form. Please note that some of these clauses are mutually exclusive and should be inserted in accordance with the direction/best interests of the Principal.

I am extremely grateful for the assistance and expertise of the many dedicated State Bar members who worked tirelessly in the development of these new forms.  Their efforts also were instrumental in delaying the effective date to September 1st, so as to give attorneys additional time to educate the public on what these changes would mean for their clients.

I hope you take advantage of this important member benefit that will greatly assist attorneys in their efforts to provide the best service possible to meet their clients' needs.

Best regards,

Michael E. Getnick
President, New York State Bar Association


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