Power of Attorney Lawyer in Manhattan

At some trying moments in your life, you may need someone to make important decisions on your behalf. That is where a document called a “power of attorney” can help. A power of attorney is a way to ensure you and your assets are protected when you are unable to make decisions for yourself. When you give someone you trust power of attorney, that person can step in if you are ever incapacitated. The person can make key legal and financial decisions on your behalf.

At Chaves Perlowitz Luftig LLP, our attorneys have decades of experience helping clients understand the power of attorney process. We can explain your options and help you determine how best to make sure your wishes are carried out. Whether you need a power of attorney that covers a limited set of circumstances, or one that works more broadly, we can help you decide on a plan that meets your needs.

If you have questions about a power of attorney or your estate plan in general, call us today or contact us online for a free consultation. Our Manhattan power of attorney lawyers are always available to answer your questions.

What Is Power of Attorney?

A power of attorney is a document that gives someone you choose key legal and financial decision-making powers for you. Once the document is in place, the person you choose will have this power to act for you when you are incapacitated by some condition such as an illness. It is important to choose someone you trust because of the significant power the person could have over your affairs.

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Considerations in Choosing Who Will Have Power of Attorney

It is important to understand that a person with a power of attorney will represent you if you are incapacitated. You might select someone close to you, such as a spouse or a family member. You are also free to choose someone outside of your family if you feel that person will be best at representing you.

When choosing who has a power of attorney over you, consider whether that person:

  • Is someone you would trust to handle your assets and property
  • Will respect your wishes even if he or she has different ideas on what should be done
  • Will put your needs first
  • Can respond quickly in times when his or her services are needed
  • Is someone you can depend on to stand up for your interests

These are just a few of the issues you should consider when selecting someone to have power of attorney. Talk with a Manhattan power of attorney lawyer at Chaves Perlowitz Luftig LLP about your options. Once you have decided who should have power of attorney, your lawyer can handle the paperwork from there.

Importance of Creating Power of Attorney as Part of an Estate Plan

Many people think that an estate plan only addresses what should be done with your assets after you pass away. However, estate planning also covers events that could affect you during your lifetime. A power of attorney as part of an estate plan can help you make your wishes known and help you keep control of various aspects of your life. Without a power of attorney, it may be unclear who can make decisions if you become incapacitated.

If you have questions about how to set up or obtain a power of attorney in NYC, schedule a free consultation with a Manhattan power of attorney lawyer at Chaves Perlowitz Luftig LLP.

NY Power of Attorney Requirements

To put a power of attorney in place in New York, you will need to:

  • Use a power of attorney form (or type or write a power of attorney) and include language that is required by the state
  • Select someone who meets state requirements (Under New York law, that person must be at least 18 years old.)
  • Include any modifying language that limits or controls the power of attorney
  • Review the document and ensure that it meets your needs
  • Sign the document and have it notarized

Durable Power of Attorney vs. Springing Power of Attorney

The two types of powers of attorney that are often used can have very different effects on your affairs. A durable power of attorney grants power of attorney to someone else as soon as it is signed. A springing power of attorney, on the other hand, only grants power of attorney to someone else when certain circumstances occur.

One concern with springing powers of attorney is that someone will need to prove that the conditions set out in the power of attorney have occurred. For example, if your power of attorney only takes effect if you are incapacitated, the person with the power of attorney will need to prove your incapacity before he or she can act on your behalf. While this can help restrict a power of attorney, it can also cause its own problems.

Talk to our knowledgeable lawyers about what type of power of attorney will meet your needs.

Can You Revoke Power of Attorney?

Yes, you can revoke a power of attorney. If you have capacity and decide to revoke a power of attorney, you must do so in writing. You should also let people know about the revocation. For example, if you revoke someone’s power of attorney, you should inform that person.

Talk to a Manhattan Power of Attorney Lawyer Now

If you need to put a power of attorney in place, contact Chaves Perlowitz Luftig LLP today. Our dedicated Manhattan power of attorney lawyers have decades of experience helping people put the protections they need in place. Whether you need springing powers of attorney covering multiple people or a durable power of attorney for a single individual, we can help.

For a free consultation about your estate planning goals, call us today or contact us online.

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