N.Y. Comp. Codes R. & Regs. tit. 22 § 207.48

Current through Register Vol. 46, No. 41, October 9, 2024

Section 207.48 - Filing and recording of powers of attorney

(a) No power of attorney affecting any interest in a decedent's estate shall be filed or recorded pursuant to E PTL 13-2.3 unless:

(1) the instrument is satisfactory to the court as to form, content and manner of execution; and

(2) the person offering the instrument for filing or recording shall furnish an affidavit of the attorney-in-fact, stating: the circumstances under which the power of attorney was procured; the post office address of the grantor, the amount of his or her interest and relationship, if any, to the decedent; the financial arrangement and exact terms of compensation of the attorney-in-fact or of any other person concerned with the matter; disbursements to be charged to the grantor; a copy of any agreement concerning compensation; and the name of any attorney representing the attorney-in-fact.

(b) An attorney-in-fact in a proceeding for the determination of kinship shall not accept any payment for acting pursuant to a power of attorney unless there has been filed with the court all the terms of the agreed-upon compensation or the same has been fixed by the court in a proceeding pursuant to SCPA 2112.

N.Y. Comp. Codes R. & Regs. Tit. 22 § 207.48