Legal Question in Elder Law in New York

Does one need an attorney to get a DPOA and a health care proxy in the state of New York or does it just need to be notarized? What are the advantages of having an attorney draw up a DPOA?


Asked on 3/01/14, 7:29 pm

1 Answer from Attorneys

Richard Bryan Richard Bryan Attorney PC

A Health Care Proxy can be printed from the New Your State Department of Health website, with instructions. And all you need are two witnesses. A power of attorney, because it deals with financial matters, is more complex and while you don't need a lawyer to draft one, it's so inexpensive that it's penny wise and pound foolish to do this yourself. There are multiple places to initial on the document, and don't you really want to understand what it is you're signing? Also, the power of attorney often needs to be modified to meet a person's individual needs. Right now most banks will tell you to "go fly a kite" if you come into their office with a power of attorney that you printed off the internet. You're going to want a lawyer in your corner to help fight these battles which come up all the time. So you are not required to have a lawyer, but it is advisable. The power of attorney is not as easy to read for the average person as the Health Care Proxy.

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Answered on 3/18/14, 7:54 am


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