Legal Question in Elder Law in New York

That's a great question. As you know the Power of Attorney statute was recently revised, and for that reason lawyers are still navigating the new law and form and asking themselves questions like the one you posted. When questions like this come up, lawyers will often consult with each other to review the statute and its legislative history, along with cases and administrative materials to figure out the most likely correct answer. No one can give an exact, certain answer to this type of question, because it's a matter of interpreting the statute and lawyers can and will differ in their conclusions. Further, because this involves the gifting provisions of the statute, which is the area which results in the most litigation and mischief, I doubt any attorney is going to put themselves on the line and provide a definite answer to the question on a message board. Others might; I would not.

Good luck.