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New York’s 529 Advisor-Guided College Savings Program
Durable Power of Attorney and
Indemnication Agreement
Use this form to give one or two persons the ability to take action with respect to your New York’s 529 Advisor-Guided College
Savings Program account(s). You can also use any other legally valid form of Power of Attorney, but it may take the Plan longer to review another
form to determine its legal validity and effect.
In this form you, the Account Owner, are also called the “Principal.”
This form contains numerous signature and notarization requirements, reflecting New York law. You and your agent(s) must sign, and all signatures
must be notarized. In addition, your signature must be witnessed by two disinterested witnesses, and the witnesses must sign within 30 days of
each other.
Print clearly, preferably in capital letters and black ink.
Forms can be downloaded from our website at www.ny529advisor.com. Or you can call us toll-free to order any form—or get assistance in filling
out this one—at 1.800.774.2108 on business days from 8 a.m. to 7 p.m., Eastern time.
PURPOSE: This is a Power of Attorney, pursuant to General Obligations Law Article 5, Title 15, applicable to Accounts in New York’s 529 Advisor-
Guided College Savings Program (“Advisor-Guided Plan” or the “Plan”). This form is limited to Account Owner transactions in New York’s 529
Advisor-Guided College Savings Program and has been prepared and circulated as a convenience to Account Owners in the Plan and does not apply to
any other matters.
CAUTION TO THE PRINCIPAL: Your Power of AttorneY is An imPortAnt document. As thePrinciPAl,” You give the Person whom You
choose (Your “Agent”) AuthoritY to sPend Your moneY, And sell or disPose of Your ProPertY during Your lifetime without telling You.
You do not lose Your AuthoritY to Act even though You hAve given Your Agent similAr AuthoritY.
w
hen Your Agent exercises this AuthoritY, he or she must Act According to AnY instructions You hAve Provided or, where there Are no
sPecific instructions, in Your best interest.imPortAnt informAtion for the Agent At the end of this document describes Your Agents
resPonsibilities.
Y
our Agent cAn Act on Your behAlf onlY After signing the Power of AttorneY before A notArY Public.
Y
ou cAn request informAtion from Your Agent At AnY time. if You Are revoking A Prior Power of AttorneY, You should Provide written
notice of the revocAtion to Your Prior Agent(s) And to AnY third PArties who mAY hAve Acted uPon it, including the finAnciAl institutions
where Your Accounts Are locAted.
Y
ou cAn revoke or terminAte Your Power of AttorneY At AnY time for AnY reAson As long As You Are of sound mind. if You Are no longer of
sound mind, A court cAn remove An Agent for Acting imProPerlY.
Y
our Agent cAnnot mAke heAlth cAre decisions for You. You mAY execute A “heAlth cAre ProxY to do this.
the lAw governing Powers of AttorneY is contAined in the new York generAl obligAtions lAw, Article 5, title 15. this lAw is AvAilAble At A
lAw librArY, or online through the new York stAte senAte or AssemblY websites, www.senate.state.ny.us or www.assembly.state.ny.us.
if there is AnYthing About this document thAt You do not understAnd, You should Ask A lAwYer of Your own choosing to exPlAin it to You.
Return this form and any other required documents to:
New York’s 529 Advisor-Guided College Savings Program
P.O. Box 55498
Boston, MA 02205-5498
For overnight delivery or registered mail, send to:
New York’s 529 Advisor-Guided College Savings Program
95 Wells Avenue, Suite 155
Newton, MA 02459
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1. Account Owner Information
Last Four Digits of Social Security Number,
Individual Taxpayer ID Number, or EIN
Name of Account Owner (first, middle initial, last)
Daytime Telephone Number Evening Telephone Number
2. Agent Information (Provide complete information on the person(s) you are authorizing to act on your Accounts as your agent(s).)
Important Note: If you name two agents, you are authorizing either agent to act alone, without the action or consent of the other agent.
Name of Agent (first, middle initial, last)
Social Security Number or Other Taxpayer ID Number
Mailing Address
City State Zip
Daytime Telephone Number Evening Telephone Number
Name of Agent (first, middle initial, last)
Social Security Number or Other Taxpayer ID Number
Mailing Address
City State Zip
Daytime Telephone Number Evening Telephone Number
Account Number (List all accounts to which this Durable Power of Attorney
will apply. To list more than three Accounts, use a separate sheet.)
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3. Durable Power of Attorney and Appointment of Agent(s)
This is a Durable Power of aTTorney anD, as such, iT shall noT be affecTeD by my subsequenT DisabiliTy or incomPeTence.
DEPENDING ON YOUR DIRECTIONS, YOU MAY ALSO AUTHORIZE YOUR AGENT TO MAKE CERTAIN GIFTS OF YOUR MONEY OR
OTHER PROPERTY DURING YOUR LIFETIME. “CERTAIN GIFT TRANSACTIONS” ARE DESCRIBED IN SECTION 5-1514 OF NEW YORK
GENERAL OBLIGATIONS LAW. 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. YOU DO NOT LOSE YOUR AUTHORITY TO ACT EVEN THOUGH YOU HAVE GIVEN YOUR AGENT SIMILAR AUTHORITY.
I DO HEREBY APPOINT THE PERSON(S) listed in Section 2 as my agent(s) TO ACT IN MY NAME, PLACE, AND STEAD in any way
which I myself could do, if I were personally present, with respect to the following matters as each of them is defined in New York
General Obligations Law, Article 5, Title 15, to the extent that I am permitted by law to act through an agent:
DIRECTIONS: Initial the blank spaces below to the left of any one or more of the following lettered subdivisions to which you WANT
to give your agent authority. If the blank space to the left of any particular lettered subdivision is NOT initialed, NO AUTHORITY WILL
BE GRANTED for matters that are included in that subdivision.
INITIALS
Initials
A. Account Inquiry Access. To obtain information about my Account(s) listed in Section 1 or in any identically
registered Account(s) opened after this Durable Power of Attorney has been signed in accordance with
procedures established by New York’s 529 Advisor-Guided College Savings Program and receive duplicate
Account statements from New York’s 529 Advisor-Guided College Savings Program.
INITIALS
Initials
B. Account Inquiry Access, Contributions, and Exchanges. To obtain information about the above-referenced
Account(s) and receive duplicate Account statements from New York’s 529 Advisor-Guided College Savings
Program. To contribute money to the above-referenced Account(s) and to move money among Investment
Options within each of the above-referenced Account(s).
INITIALS
Initials
C. Account Inquiry Access, Contributions, Exchanges, and Disbursements. To obtain information about the
above-referenced Account(s) and receive duplicate Account statements from New York’s 529 Advisor-Guided
College Savings Program. To contribute money to the above-referenced Account(s) and to move money among
Investment Options within each of the above-referenced Account(s). To withdraw, now or in the future, money
from the above-referenced Account(s) in accordance with procedures established by New York’s 529 Advisor-
Guided College Savings Program.
INITIALS
Initials
D. Account Inquiry Access, Contributions, Exchanges, Disbursements, Designated Beneficiary Changes,
Banking Information Changes, and Address Changes. To obtain information about the above-referenced
Account(s) and receive duplicate Account statements from New York’s 529 Advisor-Guided College Savings Program.
To contribute money to the above-referenced Account(s) and to move money among Investment Options within each
of the above-referenced Account(s). To withdraw, now or in the future, money from the above-referenced Account(s)
in accordance with procedures established by the New York’s 529 Advisor-Guided College Savings Program. To
change the designated beneficiary of any Account(s) listed in Section 1 or in any identically registered Account(s)
opened after this Durable Power of Attorney has been signed. To add, delete, or change banking information with
respect to the above-referenced Account(s). To change the address of record on the above-referenced Account(s).
No person who is an agent under this Durable Power of Attorney, and no person signing it as a witness, is eligible to receive any gift or
other transfer under this Durable Power of Attorney.
This Durable Power of Attorney does not revoke in whole or in part any prior Powers of Attorney executed by me. This Durable Power of
Attorney shall not be revoked by any subsequent power of attorney I may execute, unless such subsequent Power of Attorney specifically
refers to this Durable Power of Attorney or specifically states that it is intended to revoke all prior Powers of Attorney.
TO INDUCE NEW YORK’S 529 ADVISOR-GUIDED COLLEGE SAVINGS PROGRAM; THE PROGRAM ADMINISTRATORS OF NEW YORK’S
529 COLLEGE SAVINGS PROGRAM; THE PROGRAM MANAGER OR ANY OF THEIR RESPECTIVE AFFILIATES, AGENTS, OR EMPLOYEES,
AND ANY THIRD PARTY (COLLECTIVELY, THE “THIRD PARTIES,” AND, INDIVIDUALLY, A “THIRD PARTY”), TO ACT HEREUNDER, I HEREBY
AGREE THAT ANY THIRD PARTY RECEIVING A DULY EXECUTED COPY OR FACSIMILE OF THIS INSTRUMENT MAY ACT HEREUNDER, AND
THAT REVOCATION OR TERMINATION HEREOF SHALL BE INEFFECTIVE AS TO SUCH THIRD PARTY UNLESS AND UNTIL ACTUAL WRITTEN
NOTICE OR ACTUAL KNOWLEDGE OF SUCH REVOCATION OR TERMINATION SHALL HAVE BEEN RECEIVED BY SUCH THIRD PARTY AND
SUCH THIRD PARTY SHALL HAVE HAD A REASONABLE AMOUNT OF TIME TO ACT ON SUCH NOTICE, AND I FOR MYSELF AND FOR MY
HEIRS, EXECUTORS, LEGAL REPRESENTATIVES, AND ASSIGNS, HEREBY AGREE TO INDEMNIFY AND HOLD HARMLESS ANY SUCH THIRD
PARTY FROM AND AGAINST ANY AND ALL CLAIMS THAT MAY ARISE AGAINST SUCH THIRD PARTY BY REASON OF SUCH THIRD PARTY
HAVING RELIED ON THE PROVISIONS OF THIS DURABLE POWER OF ATTORNEY.
I may revoke this Durable Power of Attorney at any time. It will terminate upon my death or other event described in section 5-1511 of the
New York General Obligations Law.
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IN WITNESS WHEREOF, I have hereunto signed my name this _____ , __________________ , __________.
(day) (month) (year)
Signature of Account Owner
(Your signature must be notarized and witnessed by two witnesses.)
STATE OF _______________________)
) ss.:
COUNTY OF _____________________) (if applicable)
On the _________________ day of _________________ in the year _________________, before me, the undersigned, a Notary
Public in and for said State, personally appeared _______________________, personally known to me or proved to me on the basis of
satisfactory evidence to be the individual(s) whose name is subscribed to the within instrument and acknowledged to me that (s)he executed the
same in his/her capacity, and that by his/her signature on the instrument, the individual(s), or the person(s) upon behalf of which the individual
acted, executed the instrument.
SIGNATURE
Signature of Notary Public
Notary Public’s Name (first, middle initial, last)
My commission expires:
/ /
Date (month, day, year)
Witness Signatures and Representations:
By signing as a witness, I acknowledge that the Account Owner signed this Durable Power of Attorney in my presence and the presence of the
other witness, or that the Account Owner acknowledged to me that his or her signature was affixed by him or her at his or her direction. I also
acknowledge that the Account Owner has stated that this instrument reflects his or her wishes and that he or she has signed it voluntarily. I am
not named herein as a permissible recipient of any gift or other transfer.
Note: Witnesses must sign within 30 days of each other.
Witness One’s information:
SIGNATURE
Signature Date (month, day, year)
Printed Name (first, middle initial, last)
Mailing Address of Witness One
City State Zip
Notary to Place Seal Here
Applies to Account Owner signature in Section 3.
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Witness Two’s information:
SIGNATURE
Signature Date (month, day, year)
Printed Name (first, middle initial, last)
Mailing Address of Witness One
City State Zip
4 . Agent Affidavit
IMPORTANT INFORMATION FOR THE AGENT: when you accePT The auThoriTy granTeD unDer This Power of aTTorney, a sPecial legal
relaTi
onshiP is creaTeD beTween you anD The PrinciPal. This relaTionshiP imPoses on you legal resPonsibiliTies ThaT conTinue unTil you resign or The Power of
a
TTorney is TerminaTeD or revokeD. you musT:
(1) a
cT accorDing To any insTrucTions from The PrinciPal, or, where There are no insTrucTions, in The PrinciPals besT inTeresT;
(2) a
voiD conflicTs ThaT woulD imPair your abiliTy To acT in The PrinciPals besT inTeresT;
(3) k
eeP The PrinciPals ProPerTy seParaTe anD DisTincT from any asseTs you own or conTrol, unless oTherwise PermiTTeD by law;
(4) k
eeP a recorD of all receiPTs, PaymenTs, anD TransacTions conDucTeD for The PrinciPal; anD
(5) Disclose your iDenTiTy as an agenT whenever you acT for The PrinciPal by wriTing or PrinTing The PrinciPals name anD signing your own name as
“a
genTin eiTher of The following manners: (PrinciPals name) by (your signaTure) as agenT, or (your signaTure) as agenT for (PrinciPals name).
y
ou may noT use The PrinciPals asseTs To benefiT yourself or anyone else or make gifTs To yourself or anyone else unless The PrinciPal has sPecifically
granTeD you ThaT auThoriTy in This DocumenT, which is eiTher a sTaTuTory gifTs riDer aTTacheD To a sTaTuTory shorT form Power
of aTTorney or a non-sTaTuTory Power of aTTorney. if you have ThaT auThoriTy, you musT acT accorDing To any insTrucTions of The PrinciPal
or, where There are no such insTrucTions, in The PrinciPals besT inTeresT. you may resign by giving wriTTen noTice To The PrinciPal anD To any
c
o-agenT, successor agenT, moniTor if one has been nameD in This DocumenT, or The PrinciPals guarDian if one has been aPPoinTeD. if There is
anyThing abouT This DocumenT or your resPonsibiliTies ThaT you Do noT unDersTanD, you shoulD seek legal aDvice.
l
iabiliTy of agenT:
T
he meaning of The auThoriTy given To you is DefineD in new yorks general obligaTions law, arTicle 5, TiTle 15. if iT is founD ThaT you have violaTeD
The law or acTeD ouTsiDe The auThoriTy granTeD To you in The Power of aTTorney, you may be liable unDer The law for your violaTion.
I, _______________________ and _______________________, the Agent(s) listed in Section 2 of this instrument, being duly sworn,
depose and say that:
I have read this Durable Power of Attorney and am the Agent for the Account Owner listed in Section 1. I am authorized to act on behalf
of the Account Owner as his/her lawful Agent, with respect to the New York’s 529 Advisor-Guided College Savings Program Account(s) listed
in Section 1, to the extent permitted by law with such authority as set forth in this instrument. I acknowledge my legal responsibilities.
I further acknowledge that New York’s 529 Advisor-Guided College Savings Program will treat all transaction requests coming from me as if
they had come directly from the Account Owner.
I hereby agree to indemnify and hold New York’s 529 Advisor-Guided College Savings Program; the Program Administrators of New York’s
529 Advisor-Guided College Savings Program; JP Morgan Distribution Services; Ascensus Broker Dealer Services, Inc.; Mellon Bank; or any
of their respective affiliates, agents, or employees, and any third party required to act pursuant to this Durable Power of Attorney harmless
from acting upon instructions believed to have originated from me and from any and all acts involving the Account(s) covered by this Durable
Power of Attorney.
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IN WITNESS WHEREOF, I have hereunto signed my name as of the date set forth below adjacent to my signature.
SIGNATURE
Signature of Agent 1 Date (month, day, year)
Note: Agent signatures must be notarized. It is not required that the Principal and the Agent(s) sign at the same time, nor that multiple Agents sign at the same time.
STATE OF _______________________)
) ss.:
COUNTY OF _____________________) (if applicable)
On the _________________ day of _________________ in the year _________________, before me, the undersigned, a Notary
Public in and for said State, personally appeared _______________________, personally known to me or proved to me on the basis of
satisfactory evidence to be the individual(s) whose name is subscribed to the within instrument and acknowledged to me that (s)he executed the
same in his/her capacity, and that by his/her signature on the instrument, the individual(s), or the person(s) upon behalf of which the individual
acted, executed the instrument.
Signature of Notary Public
Notary Public’s Name (first, middle initial, last)
My commission expires:
Date (month, day, year)
If applicable for purposes of a second Agent:
SIGNATURE
Signature of Agent 2 (if applicable) Date (month, day, year)
STATE OF _______________________)
) ss.:
COUNTY OF _____________________) (if applicable)
On the _________________ day of _________________ in the year _________________, before me, the undersigned, a Notary
Public in and for said State, personally appeared _______________________, personally known to me or proved to me on the basis of
satisfactory evidence to be the individual(s) whose name is subscribed to the within instrument and acknowledged to me that (s)he executed the
same in his/her capacity, and that by his/her signature on the instrument, the individual(s), or the person(s) upon behalf of which the individual
acted, executed the instrument.
Signature of Notary Public
Notary Public’s Name (first, middle initial, last)
My commission expires:
Date (month, day, year)
Notary to Place Seal Here
Applies to Agent 1 signature in Section 4.
Notary to Place Seal Here
Applies to Agent 2 signature in Section 4.
SIGNATURE
SIGNATURE
529-F-POA 0120