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S5589Senate2009-2010 Session

Makes technical corrections to provisions establishing powers of attorney for financial estate planning

Sponsor John L. SampsonSD-19Affects Legal
Status
Stricken
Impact
Pending
Passage
Pending

Bill progress

Step 3 of 7

Floor calendar · Jun 4

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Sponsors

Primary sponsor
John L. Sampson

Senator · Senate District 19

No co-sponsors yet.

History

  1. Recommit, enacting clause stricken
  2. Advanced to third reading
  3. 2nd report cal.
  4. 1st report cal.531
  5. Referred to judiciary

Full text

The text isn't available here yet. Check nysenate.gov.

Sponsor's memo

Title of bill

An act to amend the general obligations law, in relation to powers of attorney for financial estate planning; and directing the law revision commission to study the implementation of such powers of attorney

Purpose of bill

To provide technical amendments to revise Ch. 644 '08 in regard to the execution of powers of attorney and ensure that language is used in a consistent way throughout the statute.

Summary of specific provisions

The process of revoking a power of attorney is clarified in subdivision 3 of §5-1511. Furthermore, paragraph (e) of subdivision 1 is revised so subsequently drafted powers of attorney do not automatically revoke previously drafted powers of attorney. In addition, the ability of agents to act separately or jointly is also clarified in paragraph (e) of this section.

The definition of a power of attorney is refined in subdivision 10 of

§5-1501 of the general obligations law, and the language regarding "statutory major gifts rider" is now used consistently throughout the statute. The gift making capacity of a power of attorney without a statutory major gifts rider is further clarified in this section as a maximum of $500 each year.

Justification

Ch. 644 '08 provides a comprehensive revision to the power of attorney laws in New York State. To ensure a smooth transition, the enactment date of Ch. 644 '08 was extended from March 1, 2009 to September 1, 2009 by Ch. 4 '09.

The technical changes and clarifications made by this bill are necessary in order to facilitate the transition of the comprehensive changes to the power of attorney laws made by Ch. 644 '08.

Legislative history

New bill, 2009.

Fiscal implications for state and local governments

None.

Effective date

Immediately.

Summaries, headlines and scores are AI-generated from the official bill text. How we score bills. Source: NYS Open Legislation.