HOW CAN MY NEW YORK POWER OF ATTORNEY IMPLEMENT ESTATE PLANNING?

In addition to signing checks and managing your day-to-day financial affairs, your agent can implement your estate plan. Although an agent cannot revise your will on your behalf, he or she can create or amend trusts for you during your lifetime, or transfer your assets to trusts you created. Included in the power of attorney […]

WHO SHOULD BE MY NEW YORK POWER OF ATTORNEY AGENT?

You may wish to choose a family member to act on your behalf. Many people name their spouses or one or more children. In naming more than one person to act as agent at the same time, be alert to the possibility that all may not be available to act when needed, or they may […]

HOW DOES A NY POWER OF ATTORNEY AGENT RESIGN?

The agent may resign by giving written notice to the principal and to any co-agent, successor agent, monitor if one has been named or the principal’s guardian if one has been appointed. If you or a family member need assistance with power of attorney me at (716) 333-5144.

CAN THE NY POWER OF ATTORNEY AGENT USE THE PRINCIPAL’S ASSETS FOR HIS OR HER OWN BENEFIT?

No, the agent may not use the principal’s assets to benefit himself or anyone else or make gifts to himself or anyone else unless the principal has specifically granted that authority in either a Statutory Gifts Rider attached to a Statutory Short Form Power of Attorney or a Non-Statutory Power of Attorney. If the agent […]

WHAT LEGAL RESPONSIBILITIES DO NY POWER OF ATTORNEY AGENTS HAVE?

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 […]

WHAT IS THE NEW YORK POWER OF ATTORNEY GIFT RIDER?

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 […]

CAN THE NY POWER OF ATTORNEY BE REVOKED?

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 […]

SHOULD MY NY POWER OF ATTORNEY BE PREPARED BY AN ATTORNEY?

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 […]

WHAT IS A NEW YORK POWER OF ATTORNEY?

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 […]