Legal Question in Civil Litigation in New York
Statute of limitations on Power of Attorney?
Question: Person A has given person B a generable power of attorney - using the standard ''Durable Power of Attorney'' form for the State of New York.
There is no ''expiration'' of any kind mentioned in the Power of Attorney.
Is there an automatic or legal statute of limitations on this POA or does it continue to be valid until it is cancelled by Person A?
2 Answers from Attorneys
Re: Statute of limitations on Power of Attorney?
It i valid until the person who gave it cancels it or dies.
Re: Statute of limitations on Power of Attorney?
A general power of attorney and durable power of attorney are 2 different documents. A general power of attorney is only effective while the grantor is competent to make decisions. A durable power of attorney extends if the granto is incompetent and expires on the grantor's death.
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