Power of Attorney Lawyers in Astoria, NY, Helping Clients with Their Estate Planning Needs

When people think of estate planning in the state of New York, most of us think about the plans we put in place to take care of our heirs and our property after we are gone. But there are specific legal tools that have value for estate plans while we are still among the living, such as certain types of trusts, advance care directives, and the many types of powers of attorney.

A power of attorney (POA) document allows you to select an agent to act on your behalf, bound by specific language and restrictions, in order to make decisions regarding your health care, finances, and legal needs. Depending on the type of power of attorney you select to use and the language written into it, the POA may also remain in effect in the event that you become incapacitated, ensuring that important decisions are made for you and your estate even while you are unable to make those decisions yourself.

In order to make sure that your power of attorney is properly executed and you have selected the right agent to entrust with these responsibilities, it is advisable that you work in coordination with an experienced estate planning attorney.

At Ortiz & Ortiz, LLP, our lawyers have been serving clients in and around Astoria, NY for decades. Our team of attorneys and legal associates have the knowledge to help you in the drafting of your estate planning documents, including but not limited to your power of attorney. If you would like to speak with one of our lawyers for legal advice, please contact our law office to schedule a case evaluation.

Do You Really Need a Power of Attorney?

In addition to preparing your assets and property for the eventuality of your death, it is important to recognize that certain elements of estate planning exist for your time on earth as well. Just as it is essential to ensure that you leave assets to the intended beneficiaries, there may come a time when you are unable to speak for yourself, and emergency decisions need to be made. Without the proper documents in place, either those decisions don’t get made, or they get fought over by your loved ones and business associates, sometimes under the supervision of complete strangers working for the courts.

With a valid power of attorney, it is possible to avoid much of that heartache and headache. In the creation of your power of attorney, you will select an agent (or multiple agents, if you so wish) to have the authority to make decisions on your behalf. These decisions can be about investing money, buying or selling property, certain legal matters, or even healthcare considerations.

Who you appoint as your agent should be someone you trust completely. Most people select a spouse or child to have their power of attorney. Ultimately, though, it should be a person that you would trust with a blank check in your name.

What Are Different Types of Powers of Attorney in New York?

There are many different types of powers of attorney, each with its own set of authorities, limitations, and terms of activation. The ‘nondurable’ or general POA is typically used for a specific transaction or set of transactions, such as the sale of property or other financial matter that you feel another party may be more qualified to handle for you. It may be revoked after the task is completed.

A durable power of attorney is longer lasting and can give your agent authority to act on your behalf even after you become incapacitated either by injury or illness. In New York, if you wish your POA to be ‘durable,’ then the document must plainly state this intent in its title.

A ‘springing’ power of attorney, also known as the ‘conditional’ power of attorney, goes into effect only once certain conditions have been met, triggering the agent’s new authorities.

What is a Health Care Proxy?

In some states, the durable POA allows your agent to make healthcare decisions for you when you are incapacitated. In New York, the durable POA typically only extends to financial and legal matters during incapacity.

For the authority to make medical choices on your behalf, you need to file a health care proxy in New York and name your health care agent. If you should ever become incapacitated, this document will give your agent the authority to make decisions relevant to your care.

For this and other estate planning needs, please contact the law firm of Ortiz & Ortiz.

Contact the Attorneys of Ortiz & Ortiz to Schedule a Consultation

If you would like to learn more about the advantages of adding a power of attorney to your estate plan, please speak with an attorney. These matters can be handled privately in some cases, but even the slightest errors can result in unforeseen problems and potential future heartache. For this reason, it is recommended that you work with an experienced estate planning lawyer for this and other legal matters relating to your estate, finances, and property.

The lawyers of Ortiz & Ortiz, LLP have years of experience representing clients in estate matters in and around Astoria, NY. If you would like to speak to an attorney about your case and your specific legal concerns, please contact our law office. You may schedule a consultation with a member of our legal team by calling us at 916-796-1858.