SPECIAL DURABLE POWER OF ATTORNEY
FOR BANK ACCOUNT MATTERS
CAUTION TO THE PRINCIPAL: YOUR POWER OF ATTORNEY IS AN
IMPORTANT DOCUMENT. AS THE "PRINCIPAL," YOU GIVE THE PERSON
WHOM YOU CHOOSE (YOUR "AGENT") AUTHORITY TO SPEND YOUR MONEY
AND SELL OR DISPOSE OF YOUR PROPERTY DURING YOUR LIFETIME
WITHOUT TELLING YOU. YOU DO NOT LOSE YOUR AUTHORITY TO ACT EVEN
THOUGH YOU HAVE GIVEN YOUR AGENT SIMILAR AUTHORITY. WHEN YOUR AGENT EXERCISES THIS AUTHORITY, HE OR SHE MUST
ACT ACCORDING TO ANY INSTRUCTIONS YOU HAVE PROVIDED OR, WHERE
THERE ARE NO SPECIFIC INSTRUCTIONS, IN YOUR BEST INTEREST.
"IMPORTANT INFORMATION FOR THE AGENT” AT THE END OF THIS
DOCUMENT DESCRIBES YOUR AGENT'S RESPONSIBILITIES.
YOUR AGENT CAN ACT ON YOUR BEHALF ONLY AFTER SIGNING THE
POWER OF ATTORNEY BEFORE A NOTARY PUBLIC.
YOU CAN REQUEST INFORMATION FROM YOUR AGENT AT ANY TIME.
IF YOU ARE REVOKING A PRIOR POWER OF ATTORNEY BY EXECUTING THIS
POWER OF ATTORNEY, YOU SHOULD PROVIDE WRITTEN NOTICE OF THE
REVOCATION TO YOUR PRIOR AGENT(S) AND TO THE FINANCIAL
INSTITUTIONS WHERE YOUR ACCOUNTS ARE LOCATED.
YOU CAN REVOKE OR TERMINATE YOUR POWER OF ATTORNEY AT
ANY TIME FOR ANY REASON AS LONG AS YOU ARE OF SOUND MIND. IF YOU
ARE NO LONGER OF SOUND MIND, A COURT CAN REMOVE AN AGENT FOR
ACTING IMPROPERLY.
YOUR AGENT CANNOT MAKE HEALTH CARE DECISIONS FOR YOU. YOU
MAY EXECUTE A "HEALTH CARE PROXY" TO DO THIS. THE LAW GOVERNING POWERS OF ATTORNEY IS CONTAINED IN THE
NEW YORK GENERAL OBLIGATIONS LAW, ARTICLE 5, TITLE 15. THIS LAW IS
AVAILABLE AT A LAW LIBRARY, OR ONLINE THROUGH THE NEW YORK
STATE SENATE OR ASSEMBLY WEBSITES, WWW.SENATE.STATE.NY.US OR
WWW.ASSEMBLY.STATE.NY.US.
IF THERE IS ANYTHING ABOUT THIS DOCUMENT THAT YOU DO NOT
UNDERSTAND, YOU SHOULD ASK A LAWYER OF YOUR OWN CHOOSING TO
EXPLAIN IT TO YOU.
STATE OF NEW YORK
COUNTY OF _______________________
KNOW ALL MEN BY THESE PRESENTS:That I, _______________________, of _______________________ County, New
York, being of sound mind and memory, do hereby make, constitute and appoint
_______________________ as my true and lawful agent and attorney in fact (hereinafter
sometimes called "my agent"), with full power and authority to act for me, indivi dually, and in
my name, place and stead, with reference to the transaction of any and all business related to or
connected with my bank accounts at _______________________ Bank,
_______________________ (Address), _______________________ (City), New York,
_______________________ (Zip Code) hereinafter “Bank”, including, but not limited to, the
following:
1. Making deposits, transfers and withdrawals to or from any of my bank accounts at Bank.
2. Writing, making and endorsing checks, drafts and other instruments in connection with my bank accounts at Bank.
3. Opening new checking, savings, money market, certificates of deposit, IRA’s or other accounts in my name and maintaining same.
4. Approving and authorizing automatic withdrawals from my accounts.
5. Executing signature cards for accounts maintained or opened by my agent in my name.
6. Performing any and all other matters relating to, or in connection with, my bank accounts at Bank.
I direct that the above-related powers and authority of my said agent shall be so
exercisable and effective regardless of the fact that I may be mentally or physica lly incapacitated
or incapable of understanding or unable to express myself or act in my own behalf at the ti me of
any action on my behalf by said agent. Such incapacity, whether mental or physical, tha t I may
exhibit shall not in any way interfere with the authority of my agent herein to act fully on my
behalf according to the terms hereof. In other words, this Power of Attorney shall not be
affected by the subsequent disability, incompetence or incapacity of the principal.
And I do hereby undertake to ratify and confirm, all and singular, the acts heretofore
performed and to be hereinafter performed by my said agents, acting in my name and on m y
behalf.
Bank shall honor this Power of Attorney until and unless Bank receives written notice of
revocation of same signed by me. Bank is hereby indemnified and shall be held harmless by the
undersigned for any and all actions taken by my agent regarding my accounts at Bank, regardle ss
of whether within the intended scope of this Power of Attorney or not; therefore, Bank shall have
no liability for the actions of my agent or for following the directions of my agent in connection
with my bank accounts at Bank.
SIGNATURE AND ACKNOWLEDGMENT:
In Witness Whereof I have hereunto signed my name on
____________________________________, 20 .
PRINCIPAL signs here: ►
__________________________________________
Individual Capacity within the State of New York
State of New York, County of __________________, ss
On the ______ day of __________________ in the year ____________ before me, the
undersigned, personally appeared ________________________, personally known to me or
proved to me on the basis of satisfactory evidence to be the individual whose name is subscribed
to the within instrument and acknowledged to me that he executed the same in his capacity, and
that by his signature on the instrument, the individual, or the person upon behalf of which the
individual acted, executed the instrument.
Signature and Office of Person Taking
Acknowledgement
Type/Print Name: __________________________
Individual Capacity Outside the State of New York
State of __________________, County of __________________, ss
On the ______ day of __________________ in the year ____________ before me, the
undersigned, personally appeared ______________________________, personally known to me
or proved to me on the basis of satisfactory evidence to be the individual whose name is
subscribed to the within instrument and acknowledged to me that he executed the same in his
capacity, and that by his signature on the instrument, the individual, or the person upon behalf of
which the individual acted, executed the instrument and that such individual made such
appearance before the undersigned in the ________________________ (insert the city or other
political subdivision and the State or country or other place the acknowledgment was taken).
Signature and Office of Person Taking
Acknowledgement
Type/Print Name: __________________________
IMPORTANT INFORMATION FOR THE AGENT:When you accept the authority granted under this Power of Attorney, a special legal
relationship is created between you and the principal. This relationship imposes on you legal
responsibilities that continue until you resign or the Power of Attorney is terminated or revoked.
You must:
(1) act according to any instructions from the principal, or, where there are no instructions, in the principal's best interest;
(2) avoid conflicts that would impair your ability to act in the principal's best interest;
(3) keep the principal's property separate and distinct from any assets you own or control, unless otherwise permitted by law;
(4) keep a record or all receipts, payments, and transactions conducted for the principal; and
(5) disclose your identity as an agent whenever you act for the principal by writing or printing the principal's name and signing your own name as "agent" in either of
the following manners: (Principal's Name) by (Your Signature) as Agent, or (your
signature) as Agent for (Principal's Name).
You may not use the principal's assets to benefit yourself or anyone else or give gifts to
yourself or anyone else unless the principal has specifically granted you that authority in this
document, which is either a statutory gifts rider attached to a statutory short form power of
attorney or a non-statutory power of attorney. If you have that authority, you must act according
to any instructions of the principal or, where there are no such instructions, in the principal's best
interest. You may resign by giving written notice to the principal and to any co-agent, successor
agent, monitor if one has been named in this document, or the principal's guardian if one has
been appointed. If there is anything about this document or your responsibilities that you do not
understand, you should seek legal advice.
Liability of agent:
The meaning of the authority given to you is defined in New York's General Obligations
Law, Article 5, Title 15. If it is found that you have violated the law or acted outside the
authority granted to you in the Power of Attorney, you may be liable under the law for your
violation.
AGENT'S SIGNATURE AND ACKNOWLEDGMENT OF APPOINTMENT:It is not required that the principal and the agent(s) sign at the same time, nor that
multiple agents sign at the same time.
I, ________________________________, have read the foregoing Power of Attorney.
I am the
person identified therein as agent for the principal named therein.
I acknowledge my legal responsibilities.
Agent signs here: ► __________________________________
_______________________________________________
Type or Print Name
_______________________________________
_______________________________________________
Type or Print Name Individual Capacity within the State of New York
State of New York, County of __________________, ss On the ______ day of __________________ in the year ____________ before me, the
undersigned, personally appeared ________________________, personally known to me or
proved to me on the basis of satisfactory evidence to be the individual whose name is subscribed
to the within instrument and acknowledged to me that he executed the same in his capacity, and
that by his signature on the instrument, the individual, or the person upon behalf of which the
individual acted, executed the instrument.
Signature and Office of Person Taking
Acknowledgement
Type/Print Name: __________________________
Individual Capacity Outside the State of New York
State of __________________, County of __________________, ssOn the ______ day of __________________ in the year ____________ before me, the
undersigned, personally appeared ______________________________, personally known to me
or proved to me on the basis of satisfactory evidence to be the individual whose name is
subscribed to the within instrument and acknowledged to me that he executed the same in his
capacity, and that by his signature on the instrument, the individual, or the person upon behalf of
which the individual acted, executed the instrument and that such individual made such
appearance before the undersigned in the ________________________ (insert the city or other
political subdivision and the State or country or other place the acknowledgment was taken).
Signature and Office of Person Taking
Acknowledgement
Type/Print Name: __________________________
SUCCESSOR AGENT'S SIGNATURE AND ACKNOWLEDGMENT OF
APPOINTMENT:
It is not required that the principal and the successor agent(s), if any, sign at the same time, nor
that multiple successor agents sign at the same time. Furthermore, successor agents can not use
this power of attorney unless the agent(s) designated above is/are unable or unwilling to serve.
I/ we, ________________________ have read the foregoing power of attorney. I am/we are the
person(s) identified therein as Successor agent(s) for the principal named therein.
Successor agent(s) sign(s) here:==> ___________________________
Successor agent(s) sign(s) here:==> ___________________________
Individual Capacity within the State of New York
State of New York, County of __________________, ss On the ______ day of __________________ in the year ____________ before me, the
undersigned, personally appeared ________________________, personally known to me or
proved to me on the basis of satisfactory evidence to be the individual whose name is subscribed
to the within instrument and acknowledged to me that he executed the same in his capacity, and
that by his signature on the instrument, the individual, or the person upon behalf of which the
individual acted, executed the instrument.
Signature and Office of Person Taking
Acknowledgement
Type/Print Name: __________________________
Individual Capacity Outside the State of New York
State of __________________, County of __________________, ss
On the ______ day of __________________ in the year ____________ before me, the
undersigned, personally appeared ______________________________, personally known to me
or proved to me on the basis of satisfactory evidence to be the individual whose name is
subscribed to the within instrument and acknowledged to me that he executed the same in his
capacity, and that by his signature on the instrument, the individual, or the person upon behalf of
which the individual acted, executed the instrument and that such individual made such
appearance before the undersigned in the ________________________ (insert the city or other
political subdivision and the State or country or other place the acknowledgment was taken).
Signature and Office of Person Taking
Acknowledgement
Type/Print Name: __________________________
SIGNATURES OF WITNESSES:
By signing as a witness, I acknowledge that the principal signed this document in my presence
and the presence of the other witness, or that the principal acknowledged to me that the
principal’s signature was affixed by him or her or at his or her direction. I also acknowledge t hat
the principal has stated that this document reflects his or her wishes and that he or she has signed
it voluntarily. ___________________________ _________________________
Signature of witness 1 Signature of witness 2
__________________________ __________________________
Date Date
__________________________ __________________________
Print name Print name
__________________________ __________________________
Address Address
__________________________ __________________________
City, State, Zip code City, State, Zip code