New York Power of Attorney

NewYorkPowerofAttorney
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Durable Power of Attorney
Nondurable Power of Attorney
Springing Power of Attorney Health Care Proxy
 
A POWER OF ATTORNEY, simply stated,  is authority given by one person to another to act on his or her behalf. The New York Legislature, effective January 1, 1997, has adopted three statutory power of attorney forms.1 They are the "Durable", "Nondurable" and "Springing" Power of Attorneys.  All of these forms allow a person to appoint an agent to make decisions regarding his financial and personal matters.  They differ only in when they become effective and when they terminate.  If you want to appoint an agent to make health care decisions for you you must use a health care proxy.
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HEALTH CARE PROXY
 


The Health Care Proxy allows you to designate an agent to make health care decisions for you when you become unable to make your own.  The agent may not make decisions concerning artificial nutrition and hydration support (tube feeding) unless you expressly authorize it.  You can give any instructions to your agent concerning health care decisions he must make for you in this proxy.  If you prefer to make decisions concerning life prolonging procedures yourself, if and when you suffer from an illness or disease from which you have no reasonable expectation of recovery, you must use a Living Will.

 
SOURCE:
New York Consolidated Laws, Chapter 45, Article 29-C, §2980-2994: Health Care Agents and Proxies.
   
The price of this
Health Care Proxy
is $10.00
   
       

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DURABLE POWER OF ATTORNEY FOR FINANCIAL MATTERS
 


This form specifically allows you to designate an agent to act for you in transactions involving real estate; chattels and goods; bonds, shares and commodities; banking; business operations; insurance; estates; claims and litigation; personal relationships and affairs; military benefits; retirement benefits; tax matters and all other matters.  You will be allowed to select whether your agent acts for you in all matters or only the specific ones you designate. If you become mentally incompetent or physically unable to make decisions for yourself, your agent may do so for you. This power of attorney becomes effective while you are mentally competent and continues in effect should you become incompetent.

 
SOURCE:
New York Consolidated Laws, Chapter 24-A of the Consolidated Laws General Obligations Law, Article 5, Title 15, §5-1501(1): Short Form (Durable) Power of Attorney.
 

The price of this
Durable Power of Attorney
is $10.00
 
       

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NONDURABLE POWER OF ATTORNEY FOR FINANCIAL MATTERS
 


This form allows you to make the same decisions regarding your financial and personal matters as the Durable Power of Attorney.  This power of attorney becomes effective while you are mentally competent. However, if you become mentally incompetent or physically unable to make decisions for yourself the Nondurable Power of Attorney terminates.  Nondurable Power of Attorneys are used more frequently when a power of attorney is needed for a specific purpose, for example, selling a house, stock or similar transactions.  If you are temporarily out of the country and need an agent to handle your affairs while you are away you can use this form.  Keep in mind that this power of attorney terminates upon you becoming incompetent and if you desire your agent to continue to have power to act you should use the Durable Power of Attorney, supra.

 
SOURCE:
New York Consolidated Laws, Chapter 24-A of the Consolidated Laws General Obligations Law, Article 5, Title 15, §5-1501(1-a): Short Form (Non-Durable) Power of Attorney.
 
The price of this
Nondurable Power of Attorney
is $10.00
 
       

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SPRINGING POWER OF ATTORNEY FOR FINANCIAL MATTERS
 


This form also allows you to make the same decisions regarding your financial and personal matters as the Durable Power of Attorney.  This power of attorney is opposite the Nondurable Power of Attorney in that it only becomes effective upon you becoming mentally incompetent or unable to make decisions for yourself. You may make this power of attorney become effective on the happening of any other event you prescribe other than your incompetence.  For example, a professional athlete who is frequently out of town may appoint his wife as agent to act for him while he is away. The power of attorney "springs" into effect when he leaves town and terminates upon his return.

 
SOURCE:
New York Consolidated Laws, Chapter 24-A of the Consolidated Laws General Obligations Law, Article 5, Title 15, §5-1506: Springing Power of Attorney.
 
The price of this
Springing Power of Attorney
is $10.00
 
       

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