HOW DOES A LATER GUARDIANSHIP AFFECT A NEW YORK DURABLE POWER OF ATTORNEY?

The appointment by the Court of a New York guardian does not revoke a durable power of attorney. Therefore, the agent may continue to exercise the powers granted by the durable power of attorney as if there were no guardian. If there is suspicion that the power of attorney was made while the principal was…

WHAT IS A NEW YORK “SPRINGING” POWER OF ATTORNEY?

The powers and responsibilities granted under a power of attorney normally become effective immediately when the document is signed. The “springing” power of attorney is designed to become effective only when the principal becomes incapacitated or upon the happening of a contingency. A power of attorney may be effective at a future time or upon…

SHOULD MY NEW YORK DURABLE POWER OF ATTORNEY BE RECORDED AT THE COUNTY CLERK’S OFFICE?

It is usually unnecessary to record the power of attorney. Only if a deed or other document is being recorded with the agent’s signatures. By filing a durable power of attorney with the County Clerk’s office for a small fee, you will be safeguarding against the loss of the document and you will ensure that…

HOW MANY COPIES OF MY NY DURABLE POWER OF ATTORNEY NEED TO BE SIGNED?

Only one original needs to be signed to make a legally binding durable power of attorney. Many banks and financial institutions require a certified copy before they will do business with your agent on your behalf. You can obtain certified copies of your power of attorney by filing (recording) it with the County Clerk and…

WILL MY NY DURABLE POWER OF ATTORNEY BE ACCEPTED BY THIRD PARTIES SUCH AS BANKS AND INSURANCE COMPANIES?

Yes. It is a violation of law for a bank or other institution not to accept a properly completed durable power of attorney. Banks and other similar institutions must accept a properly executed power of attorney. It is unreasonable for a third party to require their own form or to object because of the lapse…

WHAT POWERS ARE NOT AVAILABLE TO AN AGENT UNDER A NY DURABLE POWER OF ATTORNEY?

A durable power of attorney does not grant your agent (the “attorney-in-fact”) the ability to make health care decisions for you should you become incapacitated. The right to make health care decisions is granted in a separate document known in New York as a “Health Care Proxy.” You may appoint the same person as your…

DO I NEED A NEW POWER OF ATTORNEY IF I MOVE TO ANOTHER STATE?

Generally, a power of attorney that is valid when you sign it will remain valid even if you change your state of residence. While other states should recognize the grant of a power of attorney under a power of attorney properly executed under another state’s law, each state has its own statutory requirements for such…