Rockland County Power of Attorney Lawyer

A power of attorney is in place to provide the right for a chosen representative to make important decisions for a person who is not able to act for themselves. For a number of reasons, a person can quickly find themselves incapacitated. Accidents, medical conditions, and the aging process itself are just some of the ways a person can find themselves unable to make important decisions and care for their well-being. As part of an estate plan, it is important to consider a time when you may not be able to adequately communicate with people. It may be one of the most important steps in a person’s life. It is important to create a durable power of attorney and clear healthcare directives to ensure that your wishes are followed regarding your end-of-life care, whatever they may be. This is not the only purpose of powers of attorney. Our firm understands that these conversations are not always pleasant. We provide a comforting environment in which to discuss these topics with the focus on helping every client make informed decisions about the future and the unexpected. For a consultation with an experienced Rockland County power of attorney lawyer who specialises in estate planning and elder law, contact The Lauterbach Law Firm.

What is a power of attorney?

If a mental or physical issue has stopped you from being able to communicate, a power of attorney provides the authority for another person to act in your stead. This person is called the “agent” and can be anyone you choose, including an attorney, friend, or family member. To create a legally enforceable power of attorney in New York, it must be in writing, signed and dated by you, notarized, and witnessed by two people who are not named in the document as agents or as permissible recipients of gifts; the notary may serve as one of the two witnesses. When this is completed, the agent will have the power gifted to them when and if the circumstances arise.

Categories for POAs

• General power of attorney: A general POA allows the agent to conduct the same fiscal actions you would perform. This can include filing taxes, executing contracts, and borrowing money.
• Limited power of attorney: A limited POA authorizes a person to take certain actions of your choosing. The agent’s authority is limited to these actions and only these actions.
• Durable power of attorney: A durable POA remains effective if you later become incapacitated, so your agent can continue handling the financial and property matters you authorized. Medical decisions are handled separately through a health care proxy.
• Springing power of attorney: A springing POA is written to take effect only after a triggering event, such as a later determination of incapacity. New York’s statutory short form takes effect on signing, so this arrangement has to be drafted into the Modifications section.

Contact a Rockland County Power of Attorney Lawyer from The Lauterbach Law Firm

Creating a power of attorney for any situation is important. You and your family will feel better knowing that everyone’s affairs are in order. If you were to find yourself incapacitated, a power of attorney can help ensure that everything goes accordingly and important decisions about medical care and finances are still in your hands. To discuss your options with an experienced Rockland County power of attorney lawyer, contact The Lauterbach Law Firm.