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Experienced New York Attorney Drafts Powers of Attorney to Safeguard Seniors

Experienced and reliable counsel for sensitive issues of health and welfare

Powers of attorney are legal instruments that allow agents to make decisions regarding another individual’s finances and welfare. Powers of attorney are important tools that concerned children use to look after their parents in later years. Many seniors resist executing powers of attorney because they fear a loss of autonomy. The generational shift, where the children assume authority over their parents, can be very unsettling. However, it’s important to overcome this resistance to establish legal safeguards that are in an elder’s best interests. At the Cormac McEnery Law Firm, we are sensitive to our clients’ concerns. We listen to input from seniors and their adult children and help them understand the full range of their options.

Powers of attorney for various circumstances

Attorney Cormac McEnery believes in taking a prudent approach to powers of attorney. It is generally better to have these protections in place and not need them than to be caught flat-footed during an emergency. Powers of attorney are flexible documents, so they can grant basic protections without being overly intrusive. Mr. McEnery can draft a variety of instruments to assist your circumstances, including:

  • Nondurable power of attorney — Limits the agent’s authority to act to a single transaction.
  • Durable power of attorney — Permanently vests authority in the agent to act on the principal’s behalf.
  • Springing power of attorney — A future event, such as the principal’s illness, triggers the power of attorney.

In New York, powers of attorney do not grant authority to make medical decisions. The proper document is a healthcare proxy.

What authority comes with a power of attorney in New York?

The authority that comes with a power of attorney can be broad or limited. A senior who has become forgetful may want to give an adult child limited control over monthly bills to make sure the lights stay on. Individuals who own property may want someone to collect the rent, effect repairs and manage liability issues. The terms should be fitted to the elder’s circumstances. Authority granted under powers of attorney commonly includes:

  • Asserting legal claims and conducting litigation
  • Attending to tax and retirement matters
  • Buying or selling real estate
  • Conducting bank transactions
  • Investing money
  • Making gifts from the principal’s assets

Although powers of attorney are important tools in elder law, they can be used to assist any loved one who lacks capacity. For disabled clients, we often use powers of attorney in conjunction with a special needs trust to provide asset protection. At the Cormac McEnery Law Firm, we’re focused on fitting the legal safeguards to your specific needs.

To learn how powers of attorney can help you care for a loved one, contact our Westchester, NY law firm

The Cormac McEnery Law Firm helps clients care for older or disabled loved ones by drafting powers of attorney to fit their circumstances. If you’re concerned that you don’t have the legal authority to act for your loved one’s welfare, we can help. Call us today at 888.368.4329 or contact us online to schedule a free consultation at our Bronx, Manhattan or Brooklyn office.