Helping You Plan For Incapacity

A durable power of attorney is an important part of your estate plan regardless of age. If you become incapacitated without this document in place, your family may have to go through a costly guardianship proceeding to do basic things such as pay your bills.

I am attorney Mitchell P. Sandler. Over the past 30 years, I have drafted powers of attorney and other estate planning documents for clients on Long Island, in Nassau County and throughout New York.

Contact my office today. I offer a free initial consultation to answer your questions about powers of attorney.

What Is A Power Of Attorney?

A power of attorney allows someone else to act on your behalf. There are two types of power of attorney documents:

  • A durable power of attorney, which goes into effect immediately. If you become incompetent or unable to manage your own affairs, the person you name as your agent will be able to step into your shoes and act for you without having to go to court and prove you are incompetent.
  • A springing power of attorney, which goes into effect at later date after you are proven to be incompetent

Some people choose a springing power of attorney, believing it will protect them from an agent stepping in before they are truly incompetent. However, with a springing power of attorney, your agent would have to prove to a court that you are incompetent before he or she could act for you. This can defeat the purpose of having a power of attorney by subjecting your family to a legal competency proceeding. The person you name as your agent under a power of attorney has to be someone you trust or you shouldn’t give them your power of attorney in the first place.

New power of attorney form: New York significantly revised its standard power of attorney form in 2010. If you have an old power of attorney, it may not be accepted by some businesses such as title companies.

Contact A Long Island, New York, Durable Power Of Attorney Lawyer

I offer a free initial consultation. To discuss your case with me, Long Island estate planning lawyer Mitchell Sandler, call 516-874-3520. I offer flexible office hours and evening and weekend appointments.