New York Laws
Title 15 - Statutory Short Form and Other Powers of Attorney for Financial and Estate Planning
5-1510 - Special Proceedings.

(a) to determine whether the power of attorney is valid;
(b) to determine whether the principal had capacity at the time the
power of attorney was executed;
(c) to determine whether the power of attorney was procured through
duress, fraud or undue influence;
(d) to determine whether the agent is entitled to receive compensation
or whether the compensation received by the agent is reasonable for the
responsibilities performed;
(e) to approve the record of all receipts, disbursements and
transactions entered into by the agent on behalf of the principal;
(f) to remove the agent upon the grounds that the agent has violated,
or is unfit, unable, or unwilling to perform, the fiduciary duties under
the power of attorney;
(g) to determine how multiple agents must act;
(h) to construe any provision of a power of attorney; or
(i) to compel acceptance of the power of attorney.
A special proceeding may also be commenced by an agent who wishes to
obtain court approval of his or her resignation.
3. A special proceeding may be commenced pursuant to subdivision two
of this section by any person identified in subparagraph three of
paragraph (a) of subdivision two of section 5-1505 of this title, the
agent, the spouse, child or parent of the principal, the principal's
successor in interest, or any third party who may be required to accept
a power of attorney.
4. If a power of attorney is suspended or revoked under this section,
or the agent is removed by the court, the court may require the agent to
provide a record of all receipts, disbursements and transactions entered
into by the agent on behalf of the principal and to deliver any property
belonging to the principal and copies of records concerning the
principal's property and affairs to a successor agent, a government
entity or the principal's legal representative.

Structure New York Laws

New York Laws

GOB - General Obligations

Article 5 - Creation, Definition and Enforcement of Contractual Obligations

Title 15 - Statutory Short Form and Other Powers of Attorney for Financial and Estate Planning

5-1501 - Applications and Definitions.

5-1501A - Power of Attorney Not Affected by Incapacity.

5-1501B - Creation of a Valid Power of Attorney; When Effective.

5-1501C - Powers of Attorney Excluded From This Title.

5-1502A - Construction--Real Estate Transactions.

5-1502B - Construction--Chattel and Goods Transactions.

5-1502C - Construction--Bond, Share and Commodity Transactions.

5-1502D - Construction--Banking Transactions.

5-1502E - Construction--Business Operating Transactions.

5-1502F - Construction--Insurance Transactions.

5-1502G - Construction--Estate Transactions.

5-1502H - Construction--Claims and Litigation.

5-1502I - Construction--Personal and Family Maintenance.

5-1502J - Construction--Benefits From Governmental Programs or Civil or Military Service.

5-1502K - Construction--Matters Related to Health Care.

5-1502L - Construction--Retirement Benefit Transactions.

5-1502M - Construction--Tax Matters.

5-1502N - Construction--All Other Matters.

5-1503 - Modifications of the Statutory Short Form Power of Attorney.

5-1504 - Acceptance of and Reliance Upon Acknowledged and Witnessed Statutory Short Form Power of Attorney.

5-1505 - Standard of Care; Fiduciary Duties; Compelling Disclosure of Record.

5-1506 - Compensation.

5-1507 - Signature of Agent.

5-1508 - Co-Agents and Successor Agents.

5-1509 - Appointment of Monitor.

5-1510 - Special Proceedings.

5-1511 - Termination or Revocation of Power of Attorney; Notice.

5-1512 - Powers of Attorney Executed in Other Jurisdictions.

5-1513 - Statutory Short Form Power of Attorney.