Legal Question in Wills and Trusts in New York

Re: power of attorney

You have not defined "ill". If you mean incapacitated, and unable to act, and that he/she can no longer serve, a new attorney needs to be appointed. Does the document name a successor? If so, whatever procedures the document specifies for the successor to take over must be undertaken. If no successor has been named, the procedure for terminating the existing power must be undertaken (formal notice of termination sent and, if the document was recorded, a recording terminating the authority also is needed). A new document need be prepared and a new person designated, along with a successor.