Section 5-1502I. Construction--personal and family maintenance  


Latest version.
  • In  a
      statutory short form power of attorney, the language conferring  general
      authority  with  respect  to  "personal  and family maintenance" must be
      construed to mean that the principal authorizes the agent:
        1. To do all acts necessary for maintaining the customary standard  of
      living  of  the  spouse  and  children,  and  other  dependents  of  the
      principal,  including  by  way  of  illustration  and  not  by  way   of
      restriction,  power  to provide living quarters by purchase, lease or by
      other  contract,  or  by  payment  of  the  operating  costs,  including
      interest, amortization payments, repairs and taxes, of premises owned by
      the  principal  and  occupied  by  his  family or dependents, to provide
      normal domestic help for the operation  of  the  household,  to  provide
      usual  vacations and usual travel expenses, to provide usual educational
      facilities, and to provide funds for all the  current  living  costs  of
      such  spouse,  children  and  other  dependents,  including, among other
      things, shelter, clothing, food and incidentals;
        2. To provide, whenever necessary, medical, dental and surgical  care,
      hospitalization  and  custodial  care for the spouse, children and other
      dependents of the principal;
        3. To continue whatever provision has  been  made  by  the  principal,
      prior  to  the  creation  of  the  agency or thereafter, for his spouse,
      children and other dependents, with respect  to  automobiles,  or  other
      means of transportation, including by way of illustration but not by way
      of  restriction,  power  to  license,  to  insure  and  to  replace  any
      automobiles owned by the principal and customarily used by  the  spouse,
      children or other dependents of the principal;
        4.  To  continue  whatever  charge  accounts have been operated by the
      principal prior to the creation of the agency  or  thereafter,  for  the
      convenience  of  his  spouse, children or other dependents, to open such
      new  accounts  as  the  agent  shall  think  to  be  desirable  for  the
      accomplishment of any of the purposes enumerated in this section, and to
      pay  the  items  charged  on  such  accounts by any person authorized or
      permitted by the principal to make such charges prior to the creation of
      the agency;
        5. To continue the discharge of any services or duties assumed by  the
      principal,  prior  to  the  creation of the agency or thereafter, to any
      parent, relative or friend of the principal;
        6. To supervise and to enforce, to defend or to settle any claim by or
      against the principal  arising  out  of  property  damages  or  personal
      injuries  suffered  by  or  caused  by  the  principal,  or  under  such
      circumstances that the loss resulting therefrom will, or may fall on the
      principal;
        7. To continue payments incidental to the membership or affiliation of
      the principal in any church, club, society, order or other  organization
      or to continue contributions thereto;
        8. To demand, to receive, to obtain by action, proceeding or otherwise
      any  money  or  other  thing  of  value to which the principal is or may
      become or may claim to be entitled as salary, wages, commission or other
      remuneration for services performed, or as a  dividend  or  distribution
      upon  any  stock,  or as interest or principal upon any indebtedness, or
      any periodic distribution of profits from any partnership or business in
      which the principal has or claims an interest, and to  endorse,  collect
      or otherwise realize upon any instrument for the payment so received;
        9.  To  prepare,  to  execute  and  to  file all tax, social security,
      unemployment insurance and information returns required by the  laws  of
      the  United  States,  or  of any state or subdivision thereof, or of any
      foreign government, to prepare, to execute and to file all other  papers
      and instruments which the agent shall think to be desirable or necessary
    
      for the safeguarding of the principal against excess or illegal taxation
      or  against  penalties imposed for claimed violation of any law or other
      governmental regulation, and to pay, to compromise, or to contest or  to
      apply  for refunds in connection with any taxes or assessments for which
      the principal is or may be liable;
        10. To utilize any asset of the principal for the performance  of  the
      powers  enumerated in this section, including by way of illustration and
      not by way of restriction, power to draw money  by  check  or  otherwise
      from any bank deposit of the principal, to sell any land, chattel, bond,
      share,  commodity  interest,  chose  in  action  or  other  asset of the
      principal, to borrow money and to pledge as security for such loan,  any
      asset, including insurance, which belongs to the principal;
        11.  To  execute,  to  acknowledge, to verify, to seal, to file and to
      deliver any application, consent,  petition,  notice,  release,  waiver,
      agreement  or  other instrument which the agent may think useful for the
      accomplishment of any of the purposes enumerated in this section;
        12. To prosecute, to defend, to submit to arbitration, to settle,  and
      to propose or to accept a compromise with respect to, any claim existing
      in  favor  of,  or  against,  the  principal  based  on or involving any
      transaction enumerated in this section or to intervene in any action  or
      proceeding relating thereto;
        13. To hire, to discharge, and to compensate any attorney, accountant,
      expert  witness  or  other  assistant or assistants when the agent shall
      think such action to be desirable for the proper execution by him of any
      of the powers described in this section, and for the keeping  of  needed
      records thereof;
        14.   To  continue  gifts  that  the  principal  customarily  made  to
      individuals and charitable organizations prior to the  creation  of  the
      agency,  provided  that  no person or charitable organization may be the
      recipient of gifts in any one calendar year  which,  in  the  aggregate,
      exceed five hundred dollars; and
        15.  In  general,  and  in  addition  to all the specific acts in this
      section enumerated, to do any other act or acts, which the principal can
      do through an  agent,  for  the  welfare  of  the  spouse,  children  or
      dependents  of  the principal or for the preservation and maintenance of
      the other personal relationships of the principal to parents, relatives,
      friends and organizations.
        All  powers  described  in  this  section  5-1502I  of   the   general
      obligations  law  shall be exercisable equally whether the acts required
      for their execution shall relate to real or personal property  owned  by
      the  principal  at  the  giving  of  the power of attorney or thereafter
      acquired and whether such acts shall be performable in the state of  New
      York or elsewhere.