5-1502I - Construction--personal and family maintenance.

§ 5-1502I.   Construction--personal   and  family  maintenance.  In  a  statutory short form power of attorney, the language conferring  general  authority  with  respect  to  "personal  and family maintenance" must be  construed to mean that the principal authorizes the agent:    1. To do all acts necessary for maintaining the customary standard  of  living  of  the  spouse  and  children,  and  other  dependents  of  the  principal,  including  by  way  of  illustration  and  not  by  way   of  restriction,  power  to provide living quarters by purchase, lease or by  other  contract,  or  by  payment  of  the  operating  costs,  including  interest, amortization payments, repairs and taxes, of premises owned by  the  principal  and  occupied  by  his  family or dependents, to provide  normal domestic help for the operation  of  the  household,  to  provide  usual  vacations and usual travel expenses, to provide usual educational  facilities, and to provide funds for all the  current  living  costs  of  such  spouse,  children  and  other  dependents,  including, among other  things, shelter, clothing, food and incidentals;    2. To provide, whenever necessary, medical, dental and surgical  care,  hospitalization  and  custodial  care for the spouse, children and other  dependents of the principal;    3. To continue whatever provision has  been  made  by  the  principal,  prior  to  the  creation  of  the  agency or thereafter, for his spouse,  children and other dependents, with respect  to  automobiles,  or  other  means of transportation, including by way of illustration but not by way  of  restriction,  power  to  license,  to  insure  and  to  replace  any  automobiles owned by the principal and customarily used by  the  spouse,  children or other dependents of the principal;    4.  To  continue  whatever  charge  accounts have been operated by the  principal prior to the creation of the agency  or  thereafter,  for  the  convenience  of  his  spouse, children or other dependents, to open such  new  accounts  as  the  agent  shall  think  to  be  desirable  for  the  accomplishment of any of the purposes enumerated in this section, and to  pay  the  items  charged  on  such  accounts by any person authorized or  permitted by the principal to make such charges prior to the creation of  the agency;    5. To continue the discharge of any services or duties assumed by  the  principal,  prior  to  the  creation of the agency or thereafter, to any  parent, relative or friend of the principal;    6. To supervise and to enforce, to defend or to settle any claim by or  against the principal  arising  out  of  property  damages  or  personal  injuries  suffered  by  or  caused  by  the  principal,  or  under  such  circumstances that the loss resulting therefrom will, or may fall on the  principal;    7. To continue payments incidental to the membership or affiliation of  the principal in any church, club, society, order or other  organization  or to continue contributions thereto;    8. To demand, to receive, to obtain by action, proceeding or otherwise  any  money  or  other  thing  of  value to which the principal is or may  become or may claim to be entitled as salary, wages, commission or other  remuneration for services performed, or as a  dividend  or  distribution  upon  any  stock,  or as interest or principal upon any indebtedness, or  any periodic distribution of profits from any partnership or business in  which the principal has or claims an interest, and to  endorse,  collect  or otherwise realize upon any instrument for the payment so received;    9.  To  prepare,  to  execute  and  to  file all tax, social security,  unemployment insurance and information returns required by the  laws  of  the  United  States,  or  of any state or subdivision thereof, or of any  foreign government, to prepare, to execute and to file all other  papers  and instruments which the agent shall think to be desirable or necessaryfor the safeguarding of the principal against excess or illegal taxation  or  against  penalties imposed for claimed violation of any law or other  governmental regulation, and to pay, to compromise, or to contest or  to  apply  for refunds in connection with any taxes or assessments for which  the principal is or may be liable;    10. To utilize any asset of the principal for the performance  of  the  powers  enumerated in this section, including by way of illustration and  not by way of restriction, power to draw money  by  check  or  otherwise  from any bank deposit of the principal, to sell any land, chattel, bond,  share,  commodity  interest,  chose  in  action  or  other  asset of the  principal, to borrow money and to pledge as security for such loan,  any  asset, including insurance, which belongs to the principal;    11.  To  execute,  to  acknowledge, to verify, to seal, to file and to  deliver any application, consent,  petition,  notice,  release,  waiver,  agreement  or  other instrument which the agent may think useful for the  accomplishment of any of the purposes enumerated in this section;    12.  To  prosecute,  to  defend,  to  submit  to  alternative  dispute  resolution,  to  settle,  and  to propose or to accept a compromise with  respect to, any claim existing in favor of, or  against,  the  principal  based  on  or involving any transaction enumerated in this section or to  intervene in any action or proceeding relating thereto;    13. To hire, to discharge, and to compensate any attorney, accountant,  expert witness or other assistant or assistants  when  the  agent  shall  think such action to be desirable for the proper execution by him of any  of  the  powers described in this section, and for the keeping of needed  records thereof;    14.  To  continue  gifts  that  the  principal  customarily  made   to  individuals  and  charitable  organizations prior to the creation of the  agency, provided that in any one calendar year all such gifts shall  not  exceed five hundred dollars in the aggregate; and    15.  In  general,  and  in  addition  to all the specific acts in this  section enumerated, to do any other act or acts, which the principal can  do through an  agent,  for  the  welfare  of  the  spouse,  children  or  dependents  of  the principal or for the preservation and maintenance of  the other personal relationships of the principal to parents, relatives,  friends and organizations.    All  powers  described  in  this  section  5-1502I  of   the   general  obligations  law  shall be exercisable equally whether the acts required  for their execution shall relate to real or personal property  owned  by  the  principal  at  the  giving  of  the power of attorney or thereafter  acquired and whether such acts shall be performable in the state of  New  York or elsewhere.