Sample New York Power of Attorney
What is a New York Power of Attorney?
The only way you can avoid regrets and other hurtful thoughts is by making the hard decisions now, even if it scares you or if everyone is against it. One such important decision is choosing an individual to control your affairs when you are unable to. For that individual to hold power over your affairs when you are disabled or incapacitated, you need an important legal instrument: a power of attorney.
A power of attorney refers to the legal instrument that grants power to another. As the person granting the power, you are the principal while the party getting power over your affairs is the agent or the attorney-in-fact. The execution of the powers takes place only if the document is signed and notarized.
The signed document could also be referred to as a letter of attorney, letter of authority, or letter of authorization.
Execution – Springing and Non-Springing Powers of Attorney
Perhaps you are wondering: when is the agent able to act on the powers granted. To answer that, you an understanding of springing and non-springing powers of attorney is essential.
If you want the powers granted to the agent to become executable immediately after signing the document, then you will be dealing with a non-springing document. This is not common in the state of New York.
However, if you wish to sign and notarize the document now, and only grant the agent the executable powers, the document is springing becomes it only springs to life at a time of need. Though it comes with several caveats.
When filling out your free New York power of attorney form, you will come across different types of documents you could sign.
Types of powers of attorney
New York Durable Power of Attorney Law
The durable letter of attorney is the legal instrument that lets you hand over authority over your affairs relating to the health care. The authority given to the agent often includes authority over the use of artificial life-sustaining gadgets. Once signed and notarized, the named agent decides if the principal gets or remains connected to a respirator or not. The document also grants the agent power over treatments, diagnosis and medical care over physical and mental ailments.
What are the legal requirements for durable letter of attorney?
To be an agent;
You have to be a competent adult
The document must be signed and dated
The presence of 2 adult witnesses who sign as proxies should be present and the states that the principal signed and allowed the execution of the proxies willingly and under no duress.
It should show the principal intentions allowing the agent to make decisions over their health care
It should also state that the authority granted to the agent only becomes effective when the principal cannot make their own health care decisions. The health care decisions need be made by the attending physician up to a reasonable level of sound medical certainty, in writing. It also states that decisions on withdrawing or withholding life-supporting treatments should only be made after another physician’s opinion is considered.
The agent must act within the provisions of sample form §2981 (5) (d).
Revocation of the powers of the agent
The proxy could provide that the document expires on a specific date or upon the occurrence of a medical condition. Otherwise, the document remains in effect until the principal revokes it. The conditions for revocation include
The principal sending notifications to the health care provider and the attorney-in-fact in writing or orally, or in any other way that depicts revocation.
Divorce is the agent was the former spouse
If a subsequent health care proxy is executed
Noncompliance by the attending physician.
If the doctors cannot honor the health care decisions by the agent, the agent has to be made aware before the principal’s admission or possible transfer to another healthcare facility. The hospital has to cooperate to facilitate the transfer. Attending physicians acting in good faith will not suffer criminal, professional, or civil liability.
New York Non-Durable General POA Law
A free power of attorney form in New York could be filled as a non-durable letter of authority and the form used as a statutory document handing over power. For use, the principal has to acknowledge the form before the authorized officer acknowledges it.
For its validity, it should be written, printed or typed using legible letters clear or typos and with at least 12 points in size or if in writing, the typed words should be reasonable.
The letter of authorization MUST have, in bold and upper case with” CAUTION” printed at the beginning of the document. “DIRECTIONS” should be printed in bold before the subdivisions running from A to Q.
New York Limited Power of Attorney Law
You get a limited letter of authorization if you wish to hand over power on specific matters for implementation when you are incapacitated or unavailable. Revocation of the powers requires a written notice sent to the agent and affected third parties.
Whether you live in Rochester, Buffalo, Yonkers, Cheektowaga, Mount Vernon, Syracuse, Albany, New Rochelle or any other city of New York, you can take benefit of our free power of attorney forms easily.
NY Power of Attorney
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