Legal Question in Wills and Trusts in New York

Re: Does POA and Designation of Health Care Surrogate Need to state ''Durable''

Generally, the language of a document establishes rights, not a heading.

Re: Does POA and Designation of Health Care Surrogate Need to state ''Durable''

While it's probably not necessary for the title to read "durable" it's a good idea to do it that way so that there is no ambiguity as to the powers designated by the document. If you're interested, I would be happy to do this for you.

Should you like to discuss this or any other legal matter, you can call my office to schedule an appointment for a consultation or in the alternative, I can be reached for on-phone low-cost legal consultation at 1-800-275-5336 x0233699.

Re: Does POA and Designation of Health Care Surrogate Need to state ''Durable''

If the appropriate durability language is contained in the POA, the title of the document need not include the word "durable". For convenience only, the documnent could be entitled Durable Power of Attorney, but this is not legally required.

Re: Does POA and Designation of Health Care Surrogate Need to state ''Durable''

If the Power of Attorney form you used is designated as "Durable" there is probably language in the text that keeps the power in force after disability, no matter what the State. Emphasize the "probably" in that statement. To give you solid advice we would have to see the form you are concerned about. Give us a call at (212) 387-7787 for an appointment.