Yes — under New York law you can name a family member who lives abroad as your agent under a power of attorney, and you can also be the agent for a relative overseas. New York’s durable power of attorney is governed by General Obligations Law §5-1513, which provides the 2021 statutory short form. The law does not require your agent to live in New York, to be a U.S. citizen, or even to reside in the United States. What matters is that the document is signed correctly and that everyone understands how this state-law tool fits alongside the separate, federal world of immigration. If you are new to U.S. estate planning, this guide walks through both sides in plain English.
What a New York Power of Attorney Actually Does
A power of attorney (POA) lets you name an “agent” to handle financial and legal matters on your behalf — paying bills, managing bank accounts, dealing with property. Because New York uses a durable form under GOL §5-1513, the agent’s authority continues even if you later become incapacitated. That is exactly why families with members abroad rely on it: a relative in another country can manage a New York bank account or sign for property without flying back for every signature.
A POA is not the only document in the toolkit. A separate health care proxy, authorized under Public Health Law Article 29-C, lets someone make medical decisions for you. These are two different documents with two different jobs, and you can read more about each on our health care proxy page. If circumstances change, a POA can also be revoked — see our overview of revoking a power of attorney.
Why Immigration Status Matters Here
This is where many newcomers get confused. Estate planning is state law; immigration is federal law. A New York power of attorney is created and governed by New York statutes. Your immigration status — green-card holder, visa holder, undocumented, or citizen — does not stop you from signing a valid POA, naming an agent abroad, or serving as an agent yourself.
But status does affect related estate-planning questions:
- Non-citizen spouses: The unlimited marital deduction does not apply when the surviving spouse is not a U.S. citizen. The standard fix is a QDOT (Qualified Domestic Trust), which preserves estate-tax benefits that would otherwise be lost.
- Foreign heirs and beneficiaries: Relatives abroad can inherit New York property. Non-resident or non-citizen status does not bar inheritance, but it adds documentation and tax-withholding steps when an estate passes through the New York Surrogate’s Court.
- New York estate tax (2026): The basic exclusion is $7,350,000, with a “cliff” at 105% — $7,717,500. An estate over the cliff loses the entire exemption, so larger mixed-status estates need careful planning.
None of these are immigration questions — they are estate-tax and probate questions that interact with immigration status. That distinction is the whole point.
When to Bring in an Immigration Attorney
Because immigration is federal, an immigration attorney can represent families in any state, including New York clients. Our firm handles the New York estate, trust, and power-of-attorney side. For the federal immigration side — petitions, status, and anything before USCIS — families should consult a separate specialist. We are glad to make an honest cross-referral to a knowledgeable Florida immigration lawyer (Fitenko Law), which serves Russian- and Ukrainian-speaking families. Using the right specialist for each practice area protects you better than asking one attorney to cover both.
A revocable living trust (EPTL Article 7) can also help a family avoid probate, though it offers no estate-tax savings. Irrevocable trusts are used for tax reduction, asset protection, and Medicaid planning — but note the 5-year look-back period. For a child with disabilities, a special needs trust under EPTL 7-1.12 may be appropriate.
Quick Comparison
| Document | Governing law | Main job |
|---|---|---|
| Power of attorney | GOL §5-1513 | Financial/legal acts by your agent |
| Health care proxy | Public Health Law Art. 29-C | Medical decisions |
| Revocable living trust | EPTL Article 7 | Avoid probate (no tax savings) |
| QDOT | Federal estate-tax rule | Protect non-citizen spouse benefit |
Frequently Asked Questions
Can my relative abroad be my power-of-attorney agent in New York?
Yes. New York’s GOL §5-1513 does not require your agent to live in New York or in the United States, or to be a citizen.
Does my immigration status affect whether my will is valid?
No. A New York will is valid if it meets EPTL §3-2.1 — two attesting witnesses, the testator signs at the end, and publication. Status does not change those rules.
Can my foreign family inherit my New York property?
Yes. Foreign heirs can inherit through the New York Surrogate’s Court. Their status does not bar inheritance but may add documentation and tax-withholding steps.
Should the same attorney handle my immigration case and my estate plan?
Usually not. These are separate practice areas, so the best approach is the right specialist for each.
Next Steps
For your New York estate, trust, or power-of-attorney needs, consult Morgan Legal Group — you can review our power of attorney overview or schedule a consultation at calendly.com/russel-morgan/30min. For the federal immigration side of your family’s situation, reach out to the immigration counsel referenced above. Matching the right lawyer to each part of your plan is the surest way to protect the people you care about.
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Talk it through with Russel Morgan — free 30-minute consult.
Further reading from Morgan Legal Group: .