Legal Question in Elder Law in New York

What if a designee dies?

On my Power of Attorney, Health Care Proxy and Living Will, I have my husband listed first followed by my two children. Since my husband is deceased, are these documents now invalid or would he simply be skipped and my first child listed would then be responsible?

Thanks for reading and helping.


Asked on 7/13/09, 12:38 pm

1 Answer from Attorneys

Richard Bryan Richard Bryan Attorney PC

Re: What if a designee dies?

You need to have the documents redrafted. New York's Power of Attorney law is changing on 9/1/09 and the small cost of having the documents done over is not worth the grief and aggravation of your children trying to use them the way are are now. They are not invalid, but you should have them done over.

Good luck.

Rick Bryan

New York, NY

Read more
Answered on 7/13/09, 6:25 pm


Related Questions & Answers

More Elder Law questions and answers in New York