Legal Question in Wills and Trusts in New York

Re: Responsibily of Power Of Attorney

If the power of attorney is a "general" power of attorney, it is effective immediately. If it is a "springing" power of attorney, it is not effective until a future date. If you read the bold type warning at the top of the form, it will tell you which kind it is.

If it is a springing POA, it will also tell you what the event is that triggers it's effectiveness. It is common to require a written declaration from a doctor that the principal has lost the capacity to handle his or her financial affairs; if that is the case, the bank would require a letter from the doctor to that effect.

Re: Responsibily of Power Of Attorney

Without reading the language in the document, it is difficult to give you a proper response. If the language does not say the power is only effective if the maker is incapacitated, it could be used at any time, whether or not the maker is incapacitated. If it is limited to only being effective in the event of incapacity, some verification of incapacity would be needed for its use to be effective.