Easy Questions  
Free Legal Documents

What is a Power of Attorney in Alplaus, NY

What is a Power of Attorney in Alplaus, NY


Remember to celebrate milestones as you prepare for the road ahead.
 
- Nelson Mandela


Power of Attorney


A power of attorney (POA), also known as letter of attorney is a written authorization to act or represent on behalf of another in business, legal matters or private affairs, at times against the wishes of another person. The person who gives the authority to for the other person to act on his behalf is the donor, grantor or principal. The one who has received the authority is the agent or the attorney-in-fact. Previously, a power refers to an instrument under seal and letter refers to an instrument under hand. Presently, both of these are signed by the grantor and have no more variation.


The term attorney-in-fact refers to the agent authorized by the principal to act on his behalf. The law requires the attorney-in-fact or the agent to be loyal and honest to the principal. It should not be confused with the term attorney-at-law or someone who are licensed to practice law in his jurisdiction.

Capacity of a Grantor

A principal or grantor can make a power of attorney only if he or she has the essential mental capacity. If the grantor happens to lose his or her capacity to grant permission due to injury, sickness, or mental capacity, the power of attorney is not valid. A durable power of attorney, on the other hand, refers to the situation where the grantor states in the power of attorney that it will still be in effect even if the grantor is incapacitated. If no power of attorney has been created by the grantor, another party can act on their behalf by asking the court to impose a conservatorship or guardianship.


Oral and Written Power of Attorney

Power of Attorney may be oral or written depending on the jurisdiction. If witness will hold up in court, then the power of attorney is the same as written. The law usually requires power of attorney be in writing depending on its purpose. The International Revenue Service, hospitals, banks, even nursing homes requires power of attorneys to be in written form before they will honor it.

Execution

Power of attorney is considered a legal document if it is signed and dated at a minimum by the grantor. However, if the document is challenged by a third party, this would not be sufficiently legal. A document that is reviewed and signed or stamped by a notary public can withstand such challenge. In some states, a power of attorney is considered valid if signed by the principal, agent and two other witnesses or a notary public.


Types of Power of Attorney

  • Durable power of attorney. The power of attorney is still effective even if the principal later becomes incapacitated. This is also known as power of attorney with durable provisions or enduring power of attorney.
  • Health care power of attorney. This document provides the attorney-in-fact the power to make health-care decisions for the grantor that may include terminating care or life support. This is also known as "health care proxy".
  • Springing power of attorney. This is document that can only take effect if the grantor is incapacitated. After the incapacitation, the power is identical to durable power of attorney. This is the power that can allow a spouse to manage the affairs of grantor in cases like injury or illness and the grantor can no longer act.

  •  
    Personalize & Print a Free NY Power of Attorney Download this Document
    Page 1
    Page 2
    Page 3
    Page 4
    Page 5
     
    Personalize & Print a Free NY Last Will Download this Document
    Page 1
    Page 2
    Page 3
    Page 4
    Page 5
    Page 6
    Page 7
    Page 8
    Page 9
    Page 10
    Related Articles:
     What is a Last Will and Testament?
     Definition of a Living Trust
     Definition of Last Will and Testament
     Overview of Estate Planning
     Overview of Living Wills and Powers of Attorney for Health Care
     Do I Need a Living Trust?
     FAQs on Living Trust
     A Primer on Estate & Inheritance Taxes
     Benefits of a Living Trust
     Communicating Your Estate Planning Wishes to Your Heirs
     Composing Your Last Will and Testament
     Coverage of Living Will and Power of Attorney for Health Care
     Deciding Whether a Pre-Nuptial Agreement is Right for You
     Different Types of Health Care Directives
     Do I Need a Lawyer for a Prenuptial Agreement?
     Do I Need a Lawyer to Buy or Sell a Home?
     Do I Need a Lawyer to Create a Power of Attorney?
     Do I Need a Lawyer to File for Bankruptcy?
     Do I Need a Lawyer to Make a Will?
     Do I Need a Probate Lawyer?
     Do-Not-Resuscitate Orders
     Elements of a Last Will and Testament
     Essential Legal Documents for Estate Planning
     Estate Taxes, Gift Taxes and Inheritance Taxes
     Final Requirements of Your Health Care Directives
     Five Essential Estate Planning Documents
     Honoring Your Health Care Documents
     How to Choose a Health Care Agent
     How to Prevent Family Feuds over Inherited Properties
     How to Secure Your Assets and Avoid Probate
     Limitations of a Will
     Living Wills for End-of-Life Medical Decisions
     Longevity and modern family relationships make estate planning harder than ever
     POLST form and Health Care Treatment
     Registering your Living Will or Advance Health Directives
     Rules of Eligibility on Medicaid
     Twelve Things to Know About Revocable Living Trusts
     What are Charitable Gifts and Trusts?
     Why I Need a Living Will
     You Owe it to Your Loved Ones to do Estate and Inheritance Planning
    Related Legal Services near Alplaus, NY
    Adler Michael
    4060 Amboy Rd
    Staten Island, NY 10308
    (347) 382-9764
    Bankruptcy Services,  Attorneys,  Bankruptcy Law Attorneys,  Real Estate Attorneys,  Legal Service P
    Samantha French Noda, LLC
    P.O. Box 1027
    New York, NY 10008
    (917) 364-9340
    General Practice Attorneys, Patent, Trademark & Copyright Law Attorneys, Attorneys
    Mc Kinnis Law Offices
    12 Locust Ln
    Bronxville, NY 10708
    (914) 793-9215
    Insurance Attorneys, Attorneys, Business Law Attorneys
    Spiegel Brown Fichera & Cote
    1203 North Ave
    Beacon, NY 12508
    (845) 896-8840
    Criminal Law Attorneys,  Attorneys,  Legal Service Plans,  Personal Injury Law Attorneys
    Palumbo Karen C
    1203 North Ave
    Beacon, NY 12508
    (845) 831-8300
    Attorneys,  Family Law Attorneys,  General Practice Attorneys,  Adoption Law Attorneys,  Legal Servi
    Detommasi Anthony J MD
    17 Woodlawn Ave
    Albany, NY 12208
    (518) 438-8030
    General Practice Attorneys, Attorneys
    Colin Law Office
    19 Greystone Cir
    Bronxville, NY 10708
    (914) 771-7711
    General Practice Attorneys, Attorneys, Legal Service Plans
    De La Fleur Brian
    1334 Union St
    Schenectady, NY 12308
    (518) 374-7700
    Attorneys, Legal Service Plans
    Brockbank Michael T
    1494 Wendell Ave
    Schenectady, NY 12308
    (518) 374-6815
    Estate Planning Attorneys, Attorneys, Elder Law Attorneys, Real Estate Attorneys, Legal Service Plan
    Nobile Magarian & Di Salvo
    111 Kraft Ave
    Bronxville, NY 10708
    (914) 337-6300
    Attorneys, Legal Service Plans
    Newstad William ESQ
    3884 Amboy Rd
    Staten Island, NY 10308
    (718) 317-6207
    General Practice Attorneys, Attorneys
    Counsel Press
    295 S Main Ave # 795
    Albany, NY 12208
    (518) 458-6044
    Paralegals,  Publishers-Periodical,  Arbitration Services,  Financial Services,  Arbitration & Media
    Johnson Timothy R
    144 Main St
    Morris, NY 13808
    (607) 263-5741
    Attorneys, Elder Law Attorneys, Wills, Trusts & Estate Planning Attorneys, Legal Service Plans
    Alishahi Amir
    3925 Hylan Blvd
    Staten Island, NY 10308
    (718) 984-5555
    General Practice Attorneys, Attorneys
    Dimassimo James D
    263 Plymouth Ave S
    Rochester, NY 14608
    (585) 546-5510
    General Practice Attorneys, Attorneys
    Steinbrenner Law Offices, LLC
    104 Troup St
    Rochester, NY 14608
    (877) 350-5455
    Commercial Law Attorneys, Antitrust Law Attorneys, Business Law Attorneys, Small Business Attorneys
    Penzetta Dominick
    33 Henry St
    Beacon, NY 12508
    (845) 831-5291
    Attorneys, Business Law Attorneys, Real Estate Attorneys, Legal Service Plans, Estate Planning Attor
    Timothy G Griffin At Law
    77 Pondfield Rd
    Bronxville, NY 10708
    (914) 771-5252
    General Practice Attorneys, Attorneys, Legal Service Plans
    Morris James
    70 Millard Ave
    Bronxville, NY 10708
    (914) 793-5060
    General Practice Attorneys, Attorneys, Legal Service Plans
    Bridgham Ruth
    524 Madison Ave # 1
    Albany, NY 12208
    (518) 434-4926
    Attorneys, Legal Service Plans
    De Maria Joseph G
    301 Exchange Blvd # 204
    Rochester, NY 14608
    (585) 232-4910
    General Practice Attorneys, Attorneys, Legal Service Plans
    Rebecca Bauscher
    668 Madison Ave
    Albany, NY 12208
    (518) 426-4786
    Attorneys,  Child Custody Attorneys,  Divorce Assistance,  Family Law Attorneys,  Divorce Attorneys
    Mclaughlin Kevin
    75 Pondfield Rd
    Bronxville, NY 10708
    (914) 779-4613
    Attorneys, Legal Service Plans
    Bmh Paralegal Svc Inc
    438 Doane Ave
    Staten Island, NY 10308
    (718) 967-4592
    Paralegals
    12Law.com   |  NASHVILLE, TN USA   |  CONTACT US