N.Y. General Obligations Law § 3-501: Effect of death upon power of attorney given by persons engaged in certain occupations

§ 3-501. Effect of death upon power of attorney given by persons

engaged in certain occupations. 1. No agency created by a power of

attorney in writing given by a principal who is at the time of

execution, or who, after executing such power of attorney, becomes,

either

a. a person serving in the armed forces of the United States, or

b. a person serving as a merchant seaman outside the continental

limits of the United States; or

c. a person outside such continental limits by permission, assignment

or direction of any department or official of the United States

government, in connection with any activity pertaining to or connected

with the prosecution of any war or any campaign of a military nature in

which the armed forces of the United States are participating or have

been ordered to participate;

shall be revoked or terminated by the death of the principal as to the

attorney-in-fact, agent or other person who, without actual knowledge or

actual notice of the death of the principal shall have acted or shall

act, in good faith, under or in reliance upon such power of attorney or

agency, and any action so taken, unless otherwise invalid or

unenforceable, shall be binding on the heirs, devisees, legatees or

personal representatives of the principal.

2. An affidavit, executed by the attorney-in-fact or agent, setting

forth that he has not or had not, at the time of doing any act pursuant

to the power of attorney, received actual knowledge or actual notice of

revocation or termination of the power of attorney, by death or

otherwise, or notice of any facts indicating the same, shall, in the

absence of fraud, be conclusive proof of the nonrevocation or

nontermination of the power at such time. If the exercise of the power

requires execution and delivery of any instrument which is recordable

under the laws of this state, such affidavit when authenticated for

record in the manner prescribed by law shall likewise be recordable.

3. No report or listing, either official or otherwise, of "missing" or

"missing in action", as such words are used in military parlance, shall

constitute or be interpreted as constituting actual knowledge or actual

notice of the death of such principal or notice of any facts indicating

the same, or shall operate to revoke the agency.

4. This section shall not be construed so as to alter or affect any

provision for revocation or termination contained in such power of

attorney.

5. If any provision of this section or the application thereof to any

person or circumstance be held invalid, such invalidity shall not affect

any other provision or application of the section which can be given

effect without the invalid provision or application, and to this end the

provisions of this section are declared to be severable.