Legal Question in Wills and Trusts in New York

Re: Durable Power of Attorney

This depends upon how the document is written. This can be defined within the document, or can refer to either the State stautes or a simple reference such as "If the maker is eligible for social security disability payments, the maker is considered to be disabled for purposes of this document." You can also state that the person is "disabled" if so certified by his/her regular treating physician, so a simple doctor's determination is all that is required. Part of the difficulty is that a disability can be either physical or mental. What is intended? If physical, the person may not be able to get to a bank or brokerage firm, but may be able to issue written instructions. Is only "mental disability" or "incompetentcy" covered? This, again, can be stated to be determined by a physician or could require a Court determination. What is intended? Is the POA limited to coming into effect only if the person is "disabled", or is its purpose to be valid in all circumstances, including "disability"? More information is needed to provide a complete answer.