Saratoga Power of Attorney Lawyers
Serving clients in Saratoga, Albany, Warren, Washington, Schenectady, Rensselaer, Green, and Columbia
Estate Planning Services
Estate Planning Wills & Trusts Health Care Proxies Power of Attorney Elder Mediation Probate
The staff is extremely friendly and knowledgeable. They truly care about their clients and walk you through the process every step of the way. I highly recommend Jean and here team for any legal needs.
– Joseph B.
They were so kind and caring throughout the whole experience. Walked with me through everything. They made a difficult and painful time more manageable. I would recommend them to in a heartbeat. Best decision about the divorce I made.
– Kelli F.
Was a real advocate for me while going through my divorce. Responded to emails and calls promptly and guided me through the entire process. Fair, responsive and frankly a light during a tough time.
– Melissa W.
Saratoga Power of Attorney Lawyers
Planning what happens with your estate can be difficult if you aren’t familiar with the process. Choosing a power of attorney is a careful decision we can help you make. That is why our Saratoga power of attorney lawyers are here to help you manage this complicated task. Read on to learn about the important role a power of attorney can play in your life and legacy.
Choosing a Trusted Power of Attorney
The document “power of attorney” grants someone a lot of power. Giving someone the power of attorney means giving them permission to take over all of your financial and medical decisions. When you choose your power of attorney, you really need to consider the decision carefully. You are picking someone who will have full control over all of your finances and medical decisions. You should choose a person in whom you have full confidence. You have to be able to trust their decision making.
Be Deliberate with the Number of People You Choose
As Saratoga power of attorney lawyers, we urge you not to give all four of your children, for example, power of attorney. Choosing too many people can make it very complicated. We understand that picking just one person can feel like you are picking a favorite family member, but it’s best to have one person. There is less of a chance of hurt feelings and differing opinions interfering with getting everything done. Things can be done much quicker when you assign power of attorney to just one person.
Serving clients in Saratoga, Albany, Warren, Washington, Schenectady, Rensselaer, Green, and Columbia
Do you need legal help?
Recent Blogs
You Cannot Reverse Damage
To reiterate how important it is that you pick someone you trust, imagine choosing someone who makes poor decisions. You cannot go back in time and unpick someone after they make a terrible choice with their power. This power can be abused. Although you cannot fix any damage that was done by a power of attorney, you can certainly stop them in their tracks.
You Are Not Losing Any Power
If you appoint a power of attorney, you are not relinquishing your own power. You are adding someone who can also make legal decisions. If you are still able to make decisions, your power of attorney cannot override them. They don’t take your power away. They are only allowed to make decisions for you when you’re unable to do that for yourself.
It Is Not Permanent
There is no permanency to this decision you make. You can go back and change your mind. So long as you are capable of making decisions, you can amend the choice of power of attorney. You have a right to change your power of attorney for any reason. If at any point you feel like the individual with your power of attorney is not adhering to your wishes, you can call your Saratoga power of attorney lawyer and have them get that document changed to what you would like it to be.
Your Power of Attorney Cannot Override Your Will
You will likely have a last will and testament. In most cases, if you have that, you also have an executor for that will. It is confusing for some people to understand why they need a power of attorney. Maybe there is concern that you will have some power struggle between your executor and the person to whom you have given power of attorney. The will that you made shows who you have picked to handle your estate after you are gone. The executor of the will isn’t allowed to act on this until after you are gone. The power of attorney is allowed to make medical and financial decisions while you are living.
The Power Ends at Death
To further explain the distinction of the power of attorney, you should understand that anyone who acts as a power of attorney will no longer have any power after the moment of your death. They are not legally allowed to do anything with your finances after you pass away. They cannot override what the executor of the will is allowed to do. There is no overlap of power. The person you choose should understand when their power of attorney ends.
Frequently Asked Power of Attorney Questions
What is the difference between financial and healthcare power of attorney?
Financial power of attorney authorizes an agent to handle money matters, banking, investments, real estate transactions, tax issues, and business decisions when you cannot. Healthcare power of attorney (healthcare proxy) allows an agent to make medical decisions, communicate with doctors, authorize treatments, and access medical records. Most people need both documents to ensure comprehensive protection during incapacity.
When does a power of attorney become effective?
Power of attorney effectiveness depends on the type: immediate POAs become effective upon signing, while springing POAs only activate when you become incapacitated as determined by medical professionals. Durable POAs remain effective during incapacity, while non-durable POAs terminate upon incapacity. Healthcare POAs typically activate only when you cannot communicate medical decisions yourself.
How do I choose the right agent for my power of attorney?
Select someone you trust completely who is financially responsible, available when needed, and capable of making difficult decisions. Consider geographic proximity, age, health, and willingness to serve. You should name successor agents in case your first choice cannot serve. Avoid agents with conflicts of interest, financial problems, or those who might not respect your wishes or values.
Can I revoke or change my power of attorney?
Yes, you can revoke or modify your power of attorney anytime while mentally competent. Revocation requires written notice to your agent and third parties who have copies (banks, financial institutions, healthcare providers). To change agents or powers, you can create a new POA that revokes the old one or execute a formal revocation document. Always notify relevant parties of changes.
What happens if I don't have a power of attorney and become incapacitated?
Without power of attorney, your family must petition the court for guardianship or conservatorship, which is expensive, time-consuming, and public. The court chooses who manages your affairs, which may not be your preferred person. The process involves legal fees, ongoing court supervision, annual reporting requirements, and restricted decision-making authority compared to a properly drafted power of attorney.
Do banks and financial institutions have to accept my power of attorney?
New York law requires financial institutions to accept properly executed statutory power of attorney forms unless they have reasonable grounds for refusal. They may request additional documentation or their own forms but cannot unreasonably delay acceptance. Some institutions prefer their own POA forms, so it’s wise to complete both a comprehensive legal POA and any institution-specific forms for your important accounts.
Do I need a power of attorney lawyer for my case in Saratoga?
Yes, proper power of attorney preparation requires legal expertise to ensure documents meet New York requirements, provide appropriate protections, and avoid common pitfalls that could invalidate your planning. Mahserjian & Mahserjian-Ortiz, PLLC provides comprehensive power of attorney services including financial POAs, healthcare directives, agent selection guidance, and safeguard provisions. Our experienced attorneys ensure your incapacity planning protects your interests and provides your chosen agents with proper authority to act on your behalf.
Proceed With Caution
There are two things you need to be careful with. One, have a full understanding of who you pick and what they are allowed to do on your behalf. Two, if you are given power of attorney, you have to be very careful that you only use the power that was legally granted to you. Don’t get yourself into legal trouble because you didn’t understand the full extent of the document.
Call Our Saratoga Power of Attorney Lawyers
You are making very big decisions when you pick a power of attorney. You don’t want to make this decision lightly. Our Saratoga power of attorney lawyers are here to help guide you. Contact our office today!Follow us on Facebook