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Rockland County Elder Law Attorney

Power of Attorney

Assisting Clients Set Up Power of Attorney in Rockland County

Unfortunately, there are situations when people are no longer able to make decisions for themselves or adequately communicate their decisions. Whether due to a tragic accident, the aging process, or a medical condition, the ability to care for oneself can be gone in an instant. When planning for the future, one of the most important steps is to decide how to be cared for when you canโ€™t care for yourself. In order for you to live your life according to your wishes, it is important to consider creating a power of attorney (POA). A POA is often thought of when deciding for end-of-life care. For this example, it is important to consider creating a durable power of attorney and clear healthcare directives. By doing so, you can ensure that your wishes are followed when you are incapacitated. A power of attorney is not limited to healthcare choices. Discussing your situation with an attorney is best. If you need a compassionate legal team to guide you through the process, contact Koplen Law for a consultation.

What is a power of attorney?

If you are not able to speak for yourself because of a mental or physical problem, a power of attorney is a legal document that provides the authority for another person to act in your stead. This โ€œagentโ€ can be anyone you choose, including a friend, family member, or even a business entity. To create a legally enforceable agent to act for you, a power of attorney must be conveyed in writing and signed before a notary public.

Categories of POAs

There are numerous powers of attorney available in the state of New York that provide specific rights to the agent.

  • General power of attorney: Authorizes a person to conduct the same financial actions you would perform. This can include filing taxes, executing contracts, and borrowing money.
  • Limited power of attorney: Authorizes the agent to take certain actions on your behalf. This authority can be as broad or limiting as you like.
  • Durable power of attorney: Allows a person to act for you when you are incapacitated and are not able to convey your end-of-life care wishes. They can ensure that your vision for medical care is followed and even take care of finances according to your directions.
  • Springing power of attorney: Becomes effective after a triggering event, including your medical or physical disability.

Why do I need a power of attorney?

Creating a power of attorney is important for you and your family. While many have a valid will, they do not always have a plan in place for when they are incapacitated. A power of attorney allows you to choose the person to make decisions for you when you cannot. Without a power of attorney, a court may have to decide who takes care of your affairs through a drawn-out guardianship hearing. Because the process can be complicated and stressful, it would be best to consider your options while you can.

Contact Koplen Law

Preparing for the future is an important step. Though you may have executed a will and prepared your estate for the inevitable, it is always a good idea to prepare for the unexpected. Some of the things for you to consider include choosing a power of attorney agent and setting up a living will. If you need a compassionate and knowledgeable law firm to guide you through these matters, contact Koplen Law for a consultation.

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