The person named in a power of attorney to act on your behalf is commonly referred to as your “agent” or “attorney-in-fact.” With a valid power of attorney, your agent can take any action permitted in the document. When an agent accepts the authority granted under a Power of Attorney, a special legal relationship is […]
The NY Power of Attorney Gift Rider allows you to authorize your agent to make gifts in excess of an annual total of $500 according to any instructions you provide or otherwise in your best interest. The Gifts Rider and the Power of Attorney it supplements must be read together as a single instrument. Before […]
Yes. You can revoke or terminate your Power of Attorney at any time for any reason as long as you are of sound mind. If you are no longer of sound mind, a court can remove an agent for acting improperly. If you are revoking a prior Power of Attorney, you should provide written notice […]
Yes, the New York power of attorney should be prepared by a New York attorney to ensure that: Modifications are made to enable the agent to do and estate and Medicaid planning. For example, the agent may need to sign a life estate deed It is properly signed, initialed, dated witnessed and notarized You receive […]
By signing a durable Power of Attorney (POA), you can authorize your agent to manage your assets and income if you are unable to do so and implement Medicaid planning to protect your assets. The POA authorizes another person to act on your behalf to perform any number of specified acts, such as: real estate […]
The first reason for having a power of attorney is convenience. If you are buying or selling assets and cannot appear in person to close the transaction, your agent may act for you. A second important reason to use a power of attorney is to be prepared for situations when you may not be able […]
Rita Stein, on behalf of herself and as executrix of the estate of her deceased husband Milton, brought an action against the County of Nassau, the Nassau County Police Department, and four emergency responders. She claimed that the emergency responders violated her and her husband’s Fourth, Fifth and Fourteenth Amendment constitutional rights and committed the […]
A new technical amendments law, effective September 12, 2010, corrects unintended problems created by New York’s Power of Attorney (POA) law that went into effect on September 1, 2009. The major changes are: Retroactive application of the technical changes to September 1, 2009. Execution of a new power of attorney will not automatically revoke an […]
The New York Family Health Care Decisions Act (FHCDA) went into effect on June 1, 2010. The law allows family members and friends to make health care decisions, including decisions about the withholding or withdrawal of life-sustaining treatment, on behalf of patients who lose their ability to make such decisions. It applies to patients who […]