Legal Question in Administrative Law in New York

Re: Power of Attorney - Where to go

Power of Attorney (PoA) can be designated in any writing that provides for the designation -- so any letter that says "I, John Doe, of 121 Main Street, NYC, NY 10001, hereby grant my power of attorney to Jane X. Doe of 123 Main Street, NYC, NY 10001, from the date hereof until (either a specific date or something like "I specifically rescind the same"), to do (either a specific list of things/tasks or something like "all things") as if I were myself there to peform the same."

Now, this is very general and only really appropriate for a relative; for someone outside the immediate family, a PoA should be more narrowly tailored, and may contain a provision for periodic review by a third-party.

The PoA should be notarized.

You typically need not file a PoA (I can only think of doing so as evidence in a proceeding or the provision of a copy for banks, accountants, etc. in the fulfillment of PoA by the designee) with any office; just keep a number of copies (always leave the original in a safe place) on hand to provide to parties requiring them to enable the PoA designee to fulfill his or her duties.

Hope that helps.

Re: Power of Attorney - Where to go

Any legal stationary store should have power of attorney forms, if not try J. Blumberg Forms in Manhattan. Please remember that it is always best to consult an expert before attempting to reach a legal goal without legal consultation.

Re: Power of Attorney - Where to go

This must be difficult for you; having to take on reasponsibilities for a formerly vital loved one.

Power of Attorney is a simple matter. A simple statement (handwritten is better than typed), notarized is helpful. The statement should merely state that you are given 'power of attorney'. Listing several of the functions you will perform is very helpful.

This is not a complicated document.

Have you considered a guardianship? That is more complex, but gives you greater authority. It is easy to set up, and not expensive. The negative is that you must file an annual report on the finances of your relative. But the report is very simple and easy. About as long and detailed as your monthly bank statement.

If the relative is bedridden, not mentally competant, or is in failing health, then guardian might be better.

Re: Power of Attorney - Where to go

A power of attorney would grant to someone else the right to perform transactions for the grantor of the power. There is a statutory form which should be available at stationary stores or from Blumberg on line.

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