Or name co-agents who can act independently or together to make decisions for your affairs. To avoid this situation, name a successor agent, who will step up when the primary agent becomes unavailable.
This is not advisable, for if the only-named agent becomes unavailable, moves far away, or also becomes incapacitated or passes away, then the family will need to go to court to appoint a guardian to replace the previous agent. Many people make the mistake of merely naming one agent in their Power of Attorney. Consider naming more than one agent in your POA But it is a good idea to consult an estate attorney regarding whether out-of-state plans should be updated. For example, if someone executes a valid New Jersey Power of Attorney, and then moves to New York, the POA will continue to be valid in New York. New York will accept a Power of Attorney that is properly executed in another state. But having the principal and agent signatures notarized will make it less likely that the validity of the signature is questioned, especially by financial institutions. Some states don’t require notary, or may require either notary or witnesses.
The New York court held that a Power of Attorney that is not signed, dated and acknowledged by an agent who is given authority is not valid. Using the state’s statutory Power of Attorney form is a good way to meet the basic requirements. New York also requires that the document contain the exact wording of “caution for principal” and “information for agent” from the statute. In New York, a Power of Attorney should be signed and dated by the principal with a sound mental capacity, and it is acknowledged in the same manner as a conveyance of real property, which means it has to be notarized ( N.Y. Each state has different requirements to create a valid Power of Attorney. The legal document is valid only if it meets all the requirements of execution. Confirm what your state requires for POA execution I have encountered many cases where a Power of Attorney drafted with a do-it-yourself tool or by a non-estate lawyer was inadequate, and we couldn’t use it to complete further planning after a client was already incapacitated. We will focus on Power of Attorney in this article.
A Power of Attorney appoints an agent to take care of your financial matters, while the Advance Healthcare Directive appoints an agent to make medical decisions for you when you can’t. Power of Attorney and Advance Healthcare Directive (Healthcare Proxy in New York) are two very important documents that will help when you are incapacitated. Keep in mind that a spouse does not automatically have Power of Attorney, except with jointly owned properties. A Power of Attorney can prevent these hassles. When a spouse or adult child is appointed as guardian through a court, they are required to provide regular reports to a judge. Those burdens can be easily avoided with advance planning. Without a POA, the process of assigning a guardian or conservator in the courts can take several months and cost a great deal in legal fees. It is my job to remind them that an estate plan is not only for preparing for death, but it also has to protect them when they are still alive, but too sick to take care of their matters.Īnyone over the age of majority should have this important document prepared, but it is especially important for the elderly to have a Power of Attorney, as the possibility of losing their mental capacity becomes higher with advanced age. Many clients come to our office wanting to create a will or a trust to take care of their financial affairs when they pass away. Eight things you should know to ensure your New York Power of Attorney works when you need it
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