Legal Question in Wills and Trusts in New York

Power of Attorney

My stepfather is 93 yrs old, and my mother is 85 yrs old. I want to make up a power of attorney for both, and I would be named in charge. They have both agreed to this, and feel it should be done as they are getting older. my question is: If I make up this power of attorney on line, and have it signed, witnessed, and notorized, are there any other legals steps I need to take, such as having it registered in the county court they both live in.


Asked on 11/29/05, 6:14 am

2 Answers from Attorneys

Arnold Nager Arnold H. Nager, Esquire

Re: Power of Attorney

NOTE: This communication is not intended as and should not be interpreted as legal advice. Rather, it is intended solely as a general discussion of legal principles. You should not rely on or take action based on this communication without first presenting ALL relevant details to a competent attorney in your jurisdiction and then receiving the attorney's individualized advice for you. By reading the "Response" to your question or comment, you agree that the opinion expressed is not intended to, nor does it, create any attorney-client relationship, nor does it constitute legal advice to any person reviewing such information, nor will it be considered an attorney-client privileged communication. If you do not agree, then stop right here, and do not read any further.

Just what are you trying to accomplish? If you are looking to be able to move assets in the event of disability or incapacity of either of your parents, a power of attorney is not your best choice.

Your parents should be urged to consult an elder law attorney for advice.

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Answered on 11/29/05, 6:55 am
Andrew Nitzberg Andrew Nitzberg & Associates

Re: Power of Attorney

A power of attorney is not a complex document, but consultation with an attorney is recommended. The on-line POA will create a legally valid document.

The POA will give flexibility in maintenance of assets and liabilities, but will aford no, zero, none, protection in the event of illness or other incapacity. At the very least, a medicaid trust should be considered. This can be done on-line as well, but, please, make an appointment and ask a real lawyer to review your work before it is implemented.

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Answered on 11/29/05, 1:40 pm


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