In 2009, New York significantly revised its power of attorney law.1 While the revised law was lauded for its ambitious goals (in particular, reducing perceived abuses of powers of attorney), it was also criticized for its many flaws. The authors reviewed the 2009 law, as well as proposed technical corrections to the law, in two articles published in the New York Law Journal: “The Best Intentions—and a Newly Complex Power of Attorney Law,” published Sept. 17, 2009, and “Proposed Technical Corrections to New Power of Attorney Law,” published Sept. 22, 2009. (Please see these articles for a thorough review of New York’s new power of attorney law, and prior proposed technical corrections to the law.)
A legislative bill containing technical corrections and revisions to the law2 has been passed by unanimous vote in the New York State Assembly and Senate. The bill is expected to be signed into law by Governor David A. Paterson shortly. The bill corrects many drafting errors and inconsistencies and clarifies a number of provisions in the 2009 law. However, the bill does not address every issue with the 2009 law. What remains to be seen is whether the bill, if signed by the governor, will give New York a workable power of attorney statute.
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