Powers of attorney information for New York residents

Buffalo Estate Planning Attorney Discusses Springing Power of Attorney

Buffalo Estate Planning Attorney Discusses Springing Power of Attorney

Buffalo Estate Planning Attorney Discusses Springing Power of Attorney As a Buffalo Estate Planning Attorney, I am often asked what is a springing power of attorney. There are basically two types of powers of attorney in New York State. There is an immediate power of attorney that goes into effect as soon as you sign…

NY Power of Attorney Checklist

AGENTS ACT SEPARATELY: If you designate more than one agent ,they must act together unless you initial the statement that they may act separately. The POWER OF ATTORNEY DOES NOT REVOKE any Powers of Attorney previously executed unless you so state under “Modifications”. GRANT OF AUTHORITY: You may grant authority to your agent(s) with respect…

What Can I Do If I Don’t Have a Power of Attorney For My Parents and They Become Unable to Handle Their Affairs?

Unfortunately, many people find themselves in the position of wanting to help their elderly loved ones, but legally being unable to do so. If a parent failed to do any planning for their incapacity, it may become necessary to seek a guardianship. Typically, when a person does estate planning, the attorney will prepare a power…

POWER OF ATTORNEY REVOKED, ENTIRE ESTATE LEFT TO THE SALVATION ARMY

The Supreme Court revoked a Power of Attorney in which the AIP, while competent, had designated her adult daughter to serve as attorney-in-fact, due to the daughter’s self-dealing and breach of her fiduciary duty, but declined to revoke the Health Care Proxy in which the AIP designated her daughter to also serve as her health…

POWER OF ATTORNEY REVOKED BY NY COURT

Attorneys Robert Friedman and Michael Ranzenhofer were successful in having a power of attorney revoked. Our client’s mother, while competent, had designated her adult daughter to serve as her power of attorney and health care proxy. The daughter used her mother’s credit cards, automobile and bank accounts for her own personal use. A Mental Hygiene…

POWER OF ATTORNEY REVOKED IN NY

Attorneys Robert Friedman and Michael Ranzenhofer were successful in having a power of attorney revoked. Our client’s mother, while competent, had designated her adult daughter to serve as her power of attorney and health care proxy. The daughter used her mother’s credit cards, automobile and bank accounts for her own personal use. A Mental Hygiene…

WHO CAN SIGN THE DEED IF YOU DON'T HAVE POWER OF ATTORNEY IN NEW YORK?

When an “Incapacitated Person” (IP) is no longer able to make certain decisions concerning the management of his or her property and/or health or well-being, the court can appoint a guardian to make these decisions for him or her. Mental Hygiene Law Article 81 ensures that the guardian’s authority is narrowly tailored to do only…

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…