New York · General Obligations Law §§5-1501B, 5-1504New York power of attorney at closing: two witnesses, the agent's acknowledgment and the 10-business-day rule
To be valid, a New York statutory short form or non-statutory power of attorney executed in the state must be typed or printed in at least 12-point type; signed, initialed and dated by the principal, with the signature acknowledged like a deed and witnessed by two people who aren't named as agents or gift recipients – the notary may be one of them; signed and dated by each agent with the agent's signature acknowledged; and it must substantially conform to the statutory "Caution to the Principal" and "Important Information for the Agent" (Gen. Oblig. Law §5-1501B(1)). The power takes effect as to an agent on the date the agent's signature is acknowledged (§5-1501B(3)). A third party presented with an original or attorney-certified copy of a properly executed statutory short form must, within ten business days, honor it, reject it in writing with the reasons – sent to the principal and the agent – or ask the agent for an acknowledged affidavit that it's in full force; after a written response to a rejection, it has seven business days to honor it or finally reject it (§5-1504(3)). A person that in good faith accepts an acknowledged and witnessed power may rely on it, and may request an agent's certification or an opinion of counsel (§5-1504(1)).
The rules
1. Principal (§5-1501B(1)(b))
Signed, initialed and dated; acknowledged; two witnesses who aren't agents.
2. Agent (§5-1501B(1)(c))
Signs and acknowledges – the power takes effect for that agent then.
3. Response (§5-1504(3))
Within 10 business days: honor, reject in writing, or request an affidavit.
4. After rejection (§5-1504(3))
7 business days after a written response to honor or finally reject.
What the TC can do
- Send the original or an attorney-certified copy to the closing attorney and title company as soon as you know a party will sign through an agent.
- Check the principal's initials, the two witnesses and both acknowledgments – principal's and agent's.
- Calendar the 10-business-day response window from the date it's presented.
Questions about New York powers of attorney
Does a New York power of attorney need witnesses?
Yes – two witnesses who aren't named as agents or gift recipients, plus a notary acknowledgment; the notary can serve as one of the witnesses (Gen. Oblig. Law §5-1501B(1)(b)).
When does a New York power of attorney take effect for the agent?
On the date the agent's signature is acknowledged (§5-1501B(3)(a)).
Related guides
Add a task in ClosingCode for the power of attorney review, with an owner and a due date.
Start free trialSource: New York General Obligations Law §§5-1501B and 5-1504 (nysenate.gov, read October 26, 2026).
General information, not legal advice. Ask the closing attorney about a specific deal. ClosingCode is software; it is not a law firm. This guide is not a substitute for the advice or services of an attorney.