What changed with the NY Power of Attorney in 2021? New York State enacted a new statutory Power of Attorney effective June 13, 2021. A POA validly executed prior to the law that went into effect on June 13, 2021, will be grandfathered and enforceable under the new law provisions. The POA form executed on or […]
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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 it, and the other one if the springing power […]
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 […]
A New York power of attorney is a form in which you can name someone to handle specific acts on your behalf, typically financial acts. If you were to become unable to manage your affairs while you are living and you do not have a power of attorney, a loved one will have to go […]
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 […]
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 […]
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 […]
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, automobileand bank accounts for her own personal use. A Mental Hygiene Law […]
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 […]