N.Y. General Obligations Law § 5-1502i: Construction--personal and family maintenance

§ 5-1502I. Construction--personal and family maintenance. 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 alternative dispute

resolution, 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 in any one calendar year all such gifts shall not

exceed five thousand dollars in the aggregate; 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.