Legal Question in Wills and Trusts in New York

Re: Durable Power of Attorney

A Durable POA is only valid during the lifetime of the maker, whether incapacitated or not. It terminates on the death of the maker. It should allow the holder to do all things necessary, depending upon how extensive are its powers. I suggest it be reviewed to see if it allows for Medicaid planning and estate planning (should the maker become incapacitated), which would require quite comprehensive provisions. If it is not that comprehensive, I suggest that a new Power be prepared, presuming the maker is still competent, to allow for these actions. If you sent me a copy, I could check it and make recommendations for changes.

Re: Durable Power of Attorney

All powers of attorney, including durable, cease to be operative upon death. They can remain in effect during times of incapacity of the principle, but upon death the POA terminates. It is possible that a trust may better meet the needs of surviving effectively the death of a party.

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Re: Durable Power of Attorney

Power of Attorney is an important tool for managing assets during the lifetime of the principle and a trust and Living Will are helpful to cover the gap from death until the will is probated.