Power of Attorney in New York: Protecting Your Future and Finances

Helping Clients with Their Estate Planning Needs

When people think of estate planning in New York, most of us think about preparing to take care of our heirs and property after we’re gone. But certain legal tools—like powers of attorney—offer valuable protections while we are still living. These tools can help ensure decisions about health care, finances, and legal matters are made by someone you trust if you ever become incapacitated.

A power of attorney (POA) allows you to name an agent who can act on your behalf. Depending on the type of POA and how it’s written, the agent can be authorized to make financial or legal decisions—and potentially continue doing so even if you’re no longer able to make those decisions yourself.

To ensure your power of attorney is properly executed and reflects your goals, it’s wise to consult an experienced estate planning attorney.

At Ortiz & Ortiz, LLP, we have decades of experience serving clients across New York City, including those in the Astoria area. We assist clients in drafting clear and effective estate planning documents, including powers of attorney, advance directives, and more. If you’re ready to discuss your goals, reach out to our legal team to schedule a consultation.

Do You Really Need a Power of Attorney?

Estate planning isn’t only about what happens after you pass away. You may one day face a medical emergency or serious illness where you’re unable to speak for yourself. Without proper documentation, critical decisions could be delayed—or made by someone who doesn’t understand your wishes.

Creating a POA lets you appoint a trusted agent to act on your behalf. This agent may have the authority to handle financial matters, make legal decisions, or—if appointed through separate documentation—make medical choices through a health care proxy.

Most people appoint a spouse or child, but the key is choosing someone you trust completely. This individual will have substantial authority, so it should be someone you’d be comfortable giving a blank check.

Types of Powers of Attorney in New York

There are several kinds of POAs, each designed for specific purposes:

• Nondurable Power of Attorney – Grants temporary authority for a specific transaction or time period. Often used for real estate deals or financial decisions.
• Durable Power of Attorney – Remains in effect if you become incapacitated. Must clearly state that it is “durable” in the title to remain valid during incapacity.
• Springing Power of Attorney – Only becomes active once certain conditions are met, typically when a person becomes incapacitated.

What Is a Health Care Proxy?

In New York, a power of attorney does not typically include the right to make medical decisions. To grant someone that authority, you must create a separate document known as a health care proxy. This allows your chosen health care agent to make treatment decisions on your behalf if you are unable to do so.

A health care proxy, paired with a durable POA, ensures that both your financial and medical interests are protected.

Speak with an Estate Planning Attorney Serving Astoria

If you’re ready to add a power of attorney or health care proxy to your estate plan, it’s best to work with an experienced lawyer. Even minor errors in these documents can create legal complications or unintended consequences down the line.

At Ortiz & Ortiz, LLP, our estate planning attorneys have been helping clients throughout New York City, including Astoria, for decades. If you have questions about estate documents or need help choosing the right tools for your needs, contact our team to schedule a consultation.