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Navigating the administrative requirements and legal stipulations for managing affairs on behalf of another person can be complex, particularly when it comes to financial instruments and benefits like pensions. This is where specific forms such as the Nycers F203 form, officially known as the "Affidavit That Power of Attorney is in Full Force," play a vital role. Designed for use by individuals acting under a Power of Attorney (POA) that was signed more than one year ago, this form serves as a crucial affidavit to assert that the Power of Attorney remains valid and unrevoked. It requires detailed information about the pensioner, including their pension number, the last four digits of their Social Security Number, contact details, and more. By completing this form, the agent affirms under oath that they are still rightfully empowered to act on behalf of the principal -- the person who granted them this authority. The affidavit ensures that the New York City Employees' Retirement System (NYCERS) can trust the continuation of the POA, facilitating the uninterrupted management of the pensioner's affairs. The form also lays out a clear procedure for its execution, including the necessity for notarization, hence providing a secure and verified method to confirm the agent's claims. For anyone tasked with this significant responsibility, understanding and accurately completing the F203 form is imperative in ensuring that they can continue to act in their entrusted capacity legally and effectively.

Nycers F203 Sample

NYCERS USE ONLY

F203

 

*203*

Affidavit That Power Of Attorney is in Full Force

This affidavit should be submitted by anyone with a Power of Attorney that was signed over one year ago. Should you have any questions regarding this affidavit, please contact our Legal Unit at (347)643-3510.

Pensioner Information

Pension Number

Last 4 Digits of SSN

Home Phone Number

( )

Work Phone Number

()

First Name

M.I.

Last Name

 

 

 

 

 

 

 

 

Address

 

 

 

Apt. Number

 

 

 

 

 

 

City

 

 

State

 

Zip Code

 

 

 

 

 

 

I, the undersigned, depose and say:

1.The Principal above did, in writing, appoint me as the Principal’s true and lawful ATTORNEY(S)-IN-FACT in the Power of Attorney dated ___________________________.

2.I have no actual knowledge or actual notice of revocation or termination of the Power of Attorney by death or otherwise, or knowledge of any facts indicating the same. I further represent that the Principal is alive, has not revoked or repudiated the Power of Attorney and the Power of Attorney still is in full force and effect.

3.I make this affidavit for the purpose of inducing NYCERS to accept delivery of this affidavit, as executed by me in my capacity as the ATTORNEY(S)-IN-FACT, with full knowledge that this affidavit will be relied upon in accepting the execution and delivery of the Power of Attorney and in paying good and valuable consideration therefor.

Signature of Power of Attorney-in-Fact

 

 

 

 

 

 

Date

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

Print Name

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

This form must be acknowledged before a Notary Public or Commissioner of Deeds

 

 

 

 

 

 

 

 

 

 

 

 

 

 

State of

 

County of

 

 

On this

 

day of

 

 

 

2 0

 

, personally appeared

before me the above named,

 

 

 

 

 

 

, to me known, and known to

me to be the individual described in and who executed the foregoing instrument, and he or she acknowledged to me that he or she

executed the same, and that the statements contained therein are true.

If you have an official seal, affix it

Signature of Notary Public or

 

 

Commissioner of Deeds

 

 

 

 

 

 

 

 

Official Title

 

 

 

 

 

 

Expiration Date of Commission

 

 

 

 

 

 

 

 

R07/27/11

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File Overview

Fact Detail
Purpose The F203 form is an affidavit confirming that a Power of Attorney (POA), signed over a year ago, remains in full force.
Applicable Entity It is intended for use by individuals dealing with the New York City Employees' Retirement System (NYCERS).
Required Information The form requires details about the pensioner, including pension number, Social Security number, contact information, and full name.
Key Declarations The signatory must declare they are duly appointed as attorney-in-fact, have no knowledge of the POA's revocation, and that the principal is still alive and has not revoked the POA.
Signatory Requirements The affidavit must be signed by the attorney-in-fact making these declarations.
Legal Verification The form must be acknowledged before a Notary Public or Commissioner of Deeds, confirming the identity of the signatory and the truthfulness of the statements made.
Governing Law This procedure is governed by the legal framework applicable to powers of attorney in New York State, ensuring that entities like NYCERS can rely on these documents for decision-making processes.

Nycers F203: Usage Guidelines

Filling out the NYCERS F203 form is an important step for anyone with a Power of Attorney that was signed over one year ago and is still intended to be in full effect. This document serves to affirm the ongoing validity of that Power of Attorney, ensuring that the rights to make decisions on behalf of the principal remain uninterrupted. It's a critical measure for the smooth continuation of financial and legal affairs, ensuring that all parties involved understand the Power of Attorney remains active. For this process, accuracy and attention to every detail are crucial. By following these steps, you can effectively complete the form.

  1. Gather the necessary information before you start filling out the form. This includes the Pensioner's Information such as the Pension Number, last 4 digits of the SSN, home and work phone numbers, full name, address, and the date the Power of Attorney was signed.
  2. Enter the Pensioner's Information in the dedicated section at the beginning of the form. This will include their Pension Number, the last 4 digits of their SSN, home and work phone numbers, first name, middle initial, last name, address, apartment number, city, state, and zip code.
  3. In the affidavit section, declare your relationship to the principal by stating, in the space provided, the date when the Power of Attorney was signed, appointing you as the true and lawful attorney(s)-in-fact.
  4. Acknowledge the current status of the Power of Attorney by affirming that to the best of your knowledge, it has not been revoked or terminated and that the principal is alive and has not repudiated the Power of Attorney.
  5. Declare the purpose of the affidavit, which is to induce NYCERS to accept the Power of Attorney as still being valid and in full force, acknowledging that they will rely on this affidavit in their proceedings.
  6. Sign and date the form in the designated area for the signature of the attorney-in-fact. Print your name below your signature.
  7. The form must be notarized. This involves having a Notary Public or Commissioner of Deeds witness your signature. You will need to complete the State and County at the top of the notarization section, then have the notary fill out the date you appeared before them, their signature, official title, and the expiration date of their commission. If they have an official seal, it should be affixed to the form.

Once completed, the form validates the enduring authority granted by the Power of Attorney. It's important to follow up with NYCERS by contacting their Legal Unit if there are any questions or further steps required. Ensuring this form is properly completed and submitted is pivotal for maintaining the legal and financial arrangements as intended by the principal. It reassures all parties involved that the Power of Attorney's authority continues to be recognized and respected.

FAQ

  1. What is the purpose of the NYCERS F203 form?

    The NYCERS F203 form, known as the "Affidavit That Power of Attorney is in Full Force," serves a crucial purpose. It is intended for use by individuals who have been granted Power of Attorney over a pensioner's affairs and whose Power of Attorney was signed more than a year ago. The primary objective is to affirm that the Power of Attorney is still valid and has not been revoked or terminated. This verification is necessary for the New York City Employees' Retirement System (NYCERS) to continue accepting and acting upon instructions provided by the Attorney-in-Fact under the Power of Attorney.

  2. Who needs to submit the F203 form?

    Any person designated as an Attorney-in-Fact under a Power of Attorney for a pensioner, where the Power of Attorney was executed over one year ago, must submit this affidavit. It's a declaration that the Power of Attorney is still active, allowing the Attorney-in-Fact to carry out their responsibilities regarding the pensioner's affairs, especially in interactions with NYCERS.

  3. When should the F203 form be submitted to NYCERS?

    The F203 form should be submitted whenever requested by NYCERS to confirm that the Power of Attorney is still in effect. It's particularly relevant if it has been more than a year since the Power of Attorney was executed. Submission ensures continuous acceptance of the power granted by the pensioner to the Attorney-in-Fact.

  4. What information is required to complete the F203 form?

    To complete the F203 form accurately, the following information must be provided:
    • Pensioner's information, including pension number and the last four digits of their SSN.
    • Details of the Attorney-in-Fact, including name and the date the Power of Attorney was signed.
    • A declaration that the Attorney-in-Fact is not aware of any revocation or termination of the Power of Attorney.
    • Confirmation that the Principal (pensioner) is alive and has not repudiated the Power of Attorney.
    Additionally, the form must be signed by the Attorney-in-Fact and notarized to verify the authenticity of the statements made.

  5. How can one get the F203 form notarized?

    The F203 form must be acknowledged before a Notary Public or Commissioner of Deeds. This requires the person who is the Attorney-in-Fact to appear personally before the Notary to sign the form. The Notary will verify the identity of the signer, witness the signing, and then apply their official seal or stamp, affirming that the process was conducted properly. It's important to ensure that the notarization is complete, including the signature and official title of the Notary, along with the expiration date of their commission.

  6. What happens if the Power of Attorney is found to be no longer in full force after submitting the F203 form?

    If, after submitting the F203 form, it is determined that the Power of Attorney has indeed been revoked, terminated, or is no longer valid for any reason, NYCERS will cease to recognize the authority of the Attorney-in-Fact to act on behalf of the pensioner. This may affect the management of the pensioner's affairs through NYCERS, and appropriate legal advice should be sought to address the situation effectively.

  7. Who can I contact for questions regarding the F203 form?

    For any questions or concerns regarding the F203 form, or if you need assistance in completing and submitting the form, you are encouraged to contact the NYCERS Legal Unit. They can be reached at (347)643-3510. The Legal Unit is equipped to provide guidance and support to ensure the form is completed accurately and all legal requirements are met.

Common mistakes

Filling out the NYCERS F203 form, known as the Affidavit That Power Of Attorney is in Full Force, requires attention to detail and a thorough understanding of its sections. Among those who must submit this affidavit are individuals with a Power of Attorney signed over a year ago. However, several common mistakes can lead to unnecessary delays or the rejection of the form. Recognizing and avoiding these mistakes can ensure smoother processing.

One frequent error involves the inaccurate completion of the pensioner information. This section is critical; it identifies the pensioner and links the form to the right account in the NYCERS system. The following list outlines common slip-ups:

  1. Not filling in the pension number or incorrectly entering it. This is a unique identifier that must be accurate.
  2. Entering the wrong last four digits of the Social Security Number (SSN). As a crucial part of verifying the pensioner's identity, these digits must match NYCERS records exactly.
  3. Omitting or inaccurately providing contact information, such as the home or work phone number. Accurate contact information is vital for any follow-up communication.

Another area where errors are common is in the affidavit section. The specific points below highlight typical issues:

  • Incorrect date of the Power of Attorney: This date must reflect when the Power of Attorney was signed. It establishes the document's age and is essential for determining its validity.
  • Failure to affirm the principal's status accurately, leading to questions about the document's current validity. Affirmations regarding the principal's life status, and the lack of revocation or termination of the Power of Attorney, must be truthful and accurate.
  • Omissions or inaccuracies in the section for inducing NYCERS to accept delivery of the affidavit can lead to misunderstandings about the document's purpose and its reliance by NYCers.

Lastly, signatures present another critical area where mistakes are often made. The requirement for the affidavit to be acknowledged before a Notary Public or Commissioner of Deeds is sometimes overlooked. Ensuring that the Power of Attorney-in-Fact signs and prints their name correctly and that the document is properly notarized are both crucial steps. The notary public or commissioner of deeds must also sign, print their official title, and indicate the expiration date of their commission. Neglecting these details can invalidate the submission and delay the processing of the affidavit.

By paying close attention to these areas and ensuring accurate completion of the form, filers can avoid common pitfalls and facilitate the timely acceptance of their affidavit by NYCERS. Understanding the importance of preciseness and accuracy in filling out this document is key to its successful submission.

Documents used along the form

When dealing with legal documents and procedures, especially in contexts involving pensions and legal representation, a single form is rarely enough. The NYCERS F203 form—an affidavit confirming that a Power of Attorney (POA) is in full force—is a case in point. This affidavit is vital for those who need to prove that the authority granted to them by a Power of Attorney remains unrevoked and legally binding, especially if the POA was executed over a year ago. However, this form does not exist in isolation. Several other forms and documents are often required to ensure that the legal and practical bases are fully covered.

  • Power of Attorney (POA) Document: Naturally, the original POA document is paramount. This legal document grants one individual (the agent or attorney-in-fact) the authority to act on behalf of another (the principal) in legal matters. The NYCERS F203 form serves to affirm that this document remains effective, but the POA itself outlines the extent of the powers granted.
  • Proof of Identity: To prevent fraud and misrepresentation, forms often require accompanying proof of identity for both the principal and the agent. This could include government-issued photo IDs such as a driver’s license or passport.
  • NYCERS Membership Application: For individuals newly engaging with the New York City Employees' Retirement System (NYCERS), an initial Membership Application is necessary. This form registers the individual as a participant in the retirement system, which is a precursor to any further filings.
  • Designation of Beneficiary/ies Form: This document is crucial for retirement planning, allowing the principal to designate who will receive benefits in the event of their death. As circumstances and relationships change, updating this form becomes necessary to reflect current wishes.
  • Medical Certification: In some cases, evidence of the principal’s physical and mental capacity—or lack thereof—may be required to validate or activate certain powers within a POA. A Medical Certification from a licensed healthcare provider can serve this purpose.

Together, these documents create a more complete legal framework around the administration of a Power of Attorney and the management of retirement benefits through NYCERS. This holistic approach ensures that all parties are adequately protected and that the principal's assets and wishes are handled appropriately. The NYCERS F203 form is just one piece of the puzzle—important on its own, but most effective when combined with these additional documents.

Similar forms

The NYCERS F203 Form, known as an Affidavit That Power of Attorney is in Full Force, holds notable similarities to the Durable Power of Attorney document. Both provide legal authorization for one person to act on behalf of another in legal or financial matters. Specifically, the Durable Power of Attorney remains effective even if the principal becomes mentally incapacitated, much like the F203 Form's requirement to assert the Power of Attorney is still in effect despite being signed over a year ago. This ensures continuous authority to make decisions without interruption.

Comparable to the NYCERS F203 Form is the Healthcare Proxy form. A Healthcare Proxy allows one to appoint someone else to make health care decisions if they're unable to do so. Although it pertains specifically to health care decisions, unlike the broader authority commonly associated with a Power of Attorney, both documents necessitate the principal's confidence in the appointee's ability to act in their best interest. Furthermore, they both require affirmation of the appointed individual's current authority and capability to act on the principal's behalf.

Another document similar to the NYCERS F203 Form is the Affidavit of Death form. This document is generally used to notify financial institutions, courts, and other entities of an individual's passing, typically in the context of settling an estate. While the Affidavit of Death serves to terminate legal and financial authorities upon death, the NYCERS F203 Form serves a somewhat inverse purpose by affirming the ongoing validity and force of a Power of Attorney beyond the usual time conditions that might otherwise cast doubt on its validity.

The Revocable Living Trust document shares similarities with the F203 Form in that it involves planning for management of a person’s assets, both during their lifetime and after their death, without court intervention. Like the Power of Attorney mentioned in the F203, it allows designated trustees to act on behalf of the trust’s settlor. However, it’s the continuity of authority and the need for clear, documented authorization that binds these two types of documents closely together.

Similarly, the General Affidavit is a legal document that allows an individual to declare that certain facts are true, under oath, and witnessed by a Notary Public, just like the F203 Form. Though General Affidavits can cover a wide range of situations, the principle of attesting to the truth under oath is a core similarity they share with the NYCERS F203 Form, reinforcing the importance of truthful, verified declarations in legal processes.

The Letter of Authorization, often used in business or personal matters to grant someone authority to perform a specific task or access specific resources, bears resemblance to the NYCERS F203 Form. Both documents formally delegate powers from one individual to another. While the Letter of Authorization is typically more limited in scope and duration, both require explicit identification of the parties involved and the nature of the empowered actions.

The Appointment of Agent form, commonly used in real estate transactions or to appoint someone to act in one's stead for a specific event or negotiation, also shares characteristics with the F203 Form. It establishes a clear relationship where one party is authorized to make decisions or take actions on behalf of another. This encapsulates the foundation of trust and representation embedded in the Power of Attorney process affirmed by the F203 Form.

The Springing Power of Attorney, activated upon the occurrence of a specific event, usually the incapacitation of the principal, parallels the NYCERS F203 in its provision for unforeseen circumstances impacting the principal. Although the F203 asserts current validity rather than future activation, both documents underscore the necessity of preparedness and the ongoing faith in the designated attorney-in-fact's ability to act when required.

The Guardianship Agreement is another document resembling the NYCERS F203 Form, wherein an individual is appointed to make personal, healthcare, and financial decisions for someone unable to do so themselves. Like the F203, it highlights the legal and ethical responsibility entrusted to the appointee, emphasizing the principal's trust and the gravity of the designate's role.

Last, the Enduring Power of Attorney shares its core function with the NYCERS F203 Form, as it allows someone to appoint another to manage their affairs, effective immediately or upon future incapacitation. The enduring nature of this document, together with the requirement of the F203 to affirm the continuity of authority beyond the typical timeframe, reflects a mutual goal of ensuring seamless decision-making authority tailored to the principal’s needs and circumstances.

Dos and Don'ts

When filling out the NYCERS Form F203, an Affidavit to confirm that a Power of Attorney (POA) is in full force, it is crucial to approach the process meticulously to ensure its acceptance. Below, please find essential tips on what to do and what not to do during this process. Following these guidelines can help avoid common mistakes and ensure the document meets the necessary legal standards.

Do:

  • Ensure Accuracy: Double-check the pensioner's information, such as pension number, last four digits of the SSN, and contact details. Accuracy is pivotal to the affidavit's validity.
  • Verify the POA Date: Confirm the date when the Power of Attorney was signed. The form is specifically for situations where the POA was signed over a year ago, so including the exact date is critical.
  • Provide factual statements: When stating that you have no knowledge of the POA's revocation or that the principal is still alive, ensure these statements are true and accurate to the best of your knowledge. Factual accuracy is paramount in legal affidavits.
  • Get the Document Notarized: After completing the form, it must be acknowledged before a Notary Public or Commissioner of Deeds. This formal process is essential for the document's legal recognition.

Don't:

  • Avoid Guesswork: Do not make assumptions about the Power of Attorney's status or the principal's condition. Assumptions can lead to inaccuracies and potential legal issues.
  • Skip Details: Do not leave out any required information, such as the complete address or any part of the pensioner's identification details. Every piece of data requested on the form serves a purpose.
  • Ignore Instructions: Every form comes with specific instructions. Overlooking these can lead to errors in completion or submission, possibly rendering the affidavit ineffective.
  • Forget to Sign: Failing to sign the form or get it notarized is a common oversight that can invalidate the submission. Ensure that all signatures, including that of the Notary Public or Commissioner of Deeds, are correctly appended.

Misconceptions

When it comes to the New York City Employees' Retirement System (NYCERS) and their use of the F203 form, several misconceptions often arise. It's crucial to understand what this form is about and what it isn't. Here are seven common misconceptions:

  • The F203 form is outdated. Despite the revision date being July 27, 2011, the F203 form is still in use and important for anyone acting with Power of Attorney on behalf of a NYCERS member whose Power of Attorney was signed over one year ago.
  • It's optional to file this form. In reality, if you are acting as an Attorney-in-Fact for a NYCERS member and your Power of Attorney was signed more than one year ago, submitting the F203 form is necessary to ensure the Power of Attorney is still recognized as valid by NYCERS.
  • Completion of the F203 form automatically updates your personal information. This form solely affirms that the Power of Attorney is in full force. Any changes to personal information need to be addressed through separate, specific forms.
  • The form can be signed by anyone. Only the appointed Attorney(s)-in-Fact can sign the F203 affidavit, attesting that the Power of Attorney has not been revoked and is still in effect. This is a responsibility that rests solely on the designated individual(s).
  • You only need to submit this affidavit once. If there are significant gaps between the actions taken on behalf of the NYCERS member, it might be necessary to submit the F203 form more than once over the years to reaffirm the validity of the Power of Attorney.
  • Any notary can notarize the form outside of New York State. While the form must be acknowledged before a Notary Public or Commissioner of Deeds, it's crucial that the notary or commissioner is licensed and operating within their legal jurisdiction, which can include locations outside of New York State, as long as they adhere to the legal requirements for notarization in their location.
  • The affidavit impacts the terms of the Power of Attorney. Submitting this form does not alter or extend the terms of the original Power of Attorney. It simply affirms that, to the best of the Attorney-in-Fact's knowledge, the Power of Attorney remains unrevoked and in full force.

Understanding these misconceptions and the actual purpose of the F203 form is vital for effectively acting on behalf of a pensioner in the NYCERS system. This ensures that the legal and financial affairs are managed appropriately and in compliance with NYCERS guidelines.

Key takeaways

Understanding the key elements of the NYCERS F203 form is crucial for individuals who are utilizing a Power of Attorney in dealings with the New York City Employees' Retirement System (NYCERS). Here are eight important takeaways:

  • The F203 form is designed to affirm that a Power of Attorney (POA), which was signed over a year ago, remains in full force and has not been revoked or terminated.
  • This affirmation is necessary when the person who granted the POA (the Principal) has designated someone else (the Attorney(s)-in-Fact) to act on their behalf concerning NYCERS matters and it has been more than a year since the POA was signed.
  • Before you fill out this form, gather the required information: the Principal's pension number, the last 4 digits of the Principal's Social Security Number (SSN), and contact information including home and work phone numbers.
  • Through this form, the Attorney(s)-in-Fact deposes, meaning they make a sworn statement, asserting they have no knowledge of the POA's revocation or any reason to believe the Principal has passed away or otherwise terminated the POA. Furthermore, they affirm the Principal is still alive and has not revoked the POA.
  • The affidavit, once filled out, declares that the information provided is for the purpose of convincing NYCERS to accept the POA as still valid, meaning NYCERS can rely on it for their interactions with the Attorney(s)-in-Fact.
  • Completion of the form involves a notarization process. This means the Attorney(s)-in-Fact will sign the document in the presence of a Notary Public or Commissioner of Dees, who will also sign, confirming the identity of the Attorney(s)-in-Fact and the truthfulness of their declaration.
  • If there are any questions or uncertainties about how to properly fill out this form or the process involved, it's advised to reach out to the NYCERS Legal Unit directly at (347)643-3510 for guidance.
  • Ensuring accuracy and thoroughness when completing the F203 form is imperative. Any errors or omissions may delay the acceptance of the POA by NYCERS, potentially impacting the management of the Principal's affairs.

In summary, the NYCERS F203 form is a valuable tool for maintaining the effectiveness of a Power of Attorney in all matters related to NYCERS. By following the outlined steps and providing accurate, truthful information, Attorneys-in-Fact can help ensure that they are able to act on behalf of the Principal without unnecessary complications.

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