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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.