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Power Of Attorney New York Statutory Major Gifts Rider (With Acknowledgments) (effective 9-1-09) Form. This is a New York form and can be use in General.
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POWER OF ATTORNEY
NEW YORK STATUTORY MAJOR GIFTS RIDER
AUTHORIZATION TO MAKE MAJOR GIFTS OR OTHER TRANSFERS
CAUTION TO THE PRINCIPAL:
This OPTIONAL rider allows you to authorize your agent to make major gifts or
other transfers of your money or other property during your lifetime. Granting any of the
following authority to your agent gives your agent the authority to take actions which could
significantly reduce your property or change how your property is distributed at your
death. "Major gifts or other transfers" are described in §5-1514 of the General Obligations
Law. This Major Gifts Rider does not require your agent to exercise granted authority, but
when he or she exercises this authority, he or she must act according to any instructions
you provide, or otherwise in your best interest.
This Major Gifts Rider and the Power of Attorney it supplements must be read
together as a single instrument.
Before signing this document authorizing your agent to make major gifts and other
transfers, you should seek legal advice to ensure that your intentions are clearly and
properly expressed.
(a) GRANT OF LIMITED AUTHORITY TO MAKE GIFTS
Granting gifting authority to your agent gives your agent the authority to take actions
which could significantly reduce your property.
If you wish to allow your agent to make gifts to himself or herself, you must separately
grant that authority in subdivision (c) below.
To grant your agent the gifting authority provided below, initial the bracket to the left of
the authority.
(____) I grant authority to my agent to make gifts to my spouse, children and more
remote descendants, and parents, not to exceed, for each donee, the annual federal gift tax
exclusion amount pursuant to the Internal Revenue Code. For gifts to my children and more
remote descendants, and parents, the maximum amount of the gift to each donee shall not
exceed twice the gift tax exclusion amount, if my spouse agrees to split gift treatment pursuant
to the Internal Revenue Code. This authority must be exercised pursuant to my instructions, or
otherwise for purposes which the agent reasonably deems to be in my best interest.
(b) MODIFICATIONS:
Use this section if you wish to authorize gifts in excess of the above amount, gifts to other
beneficiaries or other types of transfers. Granting such authority to your agent gives your
agent the authority to take actions which could significantly reduce your property and/or
change how your property is distributed at your death. If you wish to authorize your agent to
make gifts or transfers to himself or herself, you must separately grant that authority in
subdivision (c) below.
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(____) I grant the following authority to my agent to make gifts or transfers pursuant to
my instructions, or otherwise for purposes which the agent reasonably deems to be in my best
interest.
(c) GRANT OF SPECIFIC AUTHORITY FOR AN AGENT TO MAKE MAJOR GIFTS
OR OTHER TRANSFERS TO HIMSELF OR HERSELF: (OPTIONAL)
If you wish to authorize your agent to make gifts or transfers to himself or herself, you
must grant that authority in this section, indicating to which agent(s) the authorization is
granted, and any limitations and guidelines.
(____) I grant specific authority for the following agent(s) to make the following major
gifts or other transfers to himself or herself:
This authority must be exercised pursuant to my instructions, or otherwise for purposes which
the agent reasonably deems to be in my best interest.
(d) ACCEPTANCE BY THIRD PARTIES:
I agree to indemnify the third party for any claims that may arise against the third party
because of reliance on this Major Gifts Rider.
(e) SIGNATURE OF PRINCIPAL AND ACKNOWLEDGMENT:
In Witness Whereof I have hereunto signed my name on ___________, 20___.
PRINCIPAL signs here: →
(Acknowledgment by a person in New York State)
State of New York, County of ___________________ ss.:
On ______________ before me, the undersigned, personally appeared _______________________________,
personally known to me or proved to me on the basis of satisfactory evidence to be the individual(s) whose name(s)
is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in
his/her/their capacity(ies), and that by his/her/their signature(s) on the instrument, the individual(s), or the person
upon behalf of which the individual(s) acted, executed the instrument.
(Signature and office of individual taking acknowledgement)
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(Acknowledgment by a person outside New York State)
State of _________________, County of _________________ ss.:
On ______________ before me, the undersigned, personally appeared _______________________________,
personally known to me or proved to me on the basis of satisfactory evidence to be the individual(s) whose name(s)
is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in
his/her/their capacity(ies), and that by his/her/their signature(s) on the instrument, the individual(s), or the person
upon behalf of which the individual(s) acted, executed the instrument, and that such individual made such
appearance before the undersigned in (insert the city or other political subdivision and the state or county or other
place the acknowledgement was taken).
(Signature and office of individual taking acknowledgement)
(f) SIGNATURES OF WITNESSES:
By signing as a witness, I acknowledge that the principal signed the Major Gifts Rider in my
presence and the presence of the other witness, or that the principal acknowledged to me that the
principal's signature was affixed by him or her or at his or her direction. I also acknowledge that
the principal has stated that this Major Gifts Rider reflects his or her wishes and that he or she
has signed it voluntarily. I am not named herein as a permissible recipient of major gifts.
Signature of Witness 1
Signature of Witness 2
Date
Date
Print Name
Print Name
Address
Address
City, State, Zip Code
City, State, Zip Code
(g) This document prepared by:
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