Power of Attorney, NY Statutory Gifts Rider
Effective 09/12/2010
POWER OF ATTORNEY
NEW YORK STATUTORY GIFTS RIDER
AUTHORIZATION FOR CERTAIN GIFT TRANSACTIONS
CAUTION TO THE PRINCIPAL:
This OPTIONAL rider allows you to authorize your agent to make gifts in excess of an annual
total of $500.00 for all gifts described in (I) of the Grant of Authority section of the Statutory
Short Form Power of Attorney (under Personal and Family Maintenance), or certain other gift
transactions during your lifetime. You do not have to execute this rider if you only you’re your
agent to make gifts described in (I) of the Grant of Authority section of the Statutory Short Form
Power of Attorney and you initialed “(I)” on that section of that form. 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.
“Certain Gift Transactions” are described in section 5-1514 of the General Obligations Law. This
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 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 gifts, 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.
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