Power of Attorney

A power of attorney and a health care proxy answer a question most people would rather not think about: who handles things if you cannot handle them yourself for a while. An illness, an accident, or the effects of aging can leave you unable to manage your finances or make medical decisions, even temporarily. Without the right documents in place, your family may have to go to court to get that authority.

Fisher Stone prepares powers of attorney and health care proxies for individuals and families throughout New York City for a flat fee, quoted after a short, free consultation of about 15 minutes, before any work begins. A real, licensed New York attorney handles your documents from start to finish, reachable directly by call, email, or text. There is no call center and no handoff partway through.

What a power of attorney does

A power of attorney is a legal document in which you, the principal, name someone you trust, called your agent, to act on your behalf. Depending on how it is drafted, it can give your agent authority over banking, bill paying, real estate transactions, tax filings, and other financial and legal matters. You choose how broad or limited that authority is, and you can name a successor agent in case your first choice is unable or unwilling to serve.

A power of attorney is different from a will. A will only takes effect after you die and controls who receives your property. A power of attorney takes effect while you are alive and gives your agent authority to act for you, whether you are temporarily unavailable, traveling, recovering from surgery, or unable to manage your own affairs. Many people prepare both at the same time as part of a complete estate plan, alongside a will and, where it fits, a trust.

The New York durable power of attorney (finances)

New York uses a statutory durable power of attorney form, which means the document follows a format set out in state law. “Durable” is the key word: a durable power of attorney stays in effect even if you later become incapacitated, which is the situation it is designed for in the first place. A power of attorney that is not durable would end at the exact moment it is needed most, so nearly every power of attorney we prepare is drafted to be durable.

The document can take effect immediately upon signing, with your agent free to use it right away, or you can structure it to be used only when needed, depending on how much you want your agent acting on your behalf in the meantime. It can also include a statutory gifts rider, a separate form that gives your agent authority to make gifts or transfers above the standard limit, which some families use as part of long-term care or tax planning connected to elder law and Medicaid planning. We review these choices with you and draft the document to match how you actually want your affairs handled.

The health care proxy (medical decisions)

A health care proxy is a separate document that names an agent to make medical decisions on your behalf if you become unable to make or communicate them yourself. Your health care agent can talk to your doctors, review your medical records, and make treatment decisions consistent with your wishes. Without a named health care agent, doctors and hospitals may need to turn to family members or, in some cases, a court to determine who has that authority, which can slow down decisions at a time when speed matters.

A health care proxy works alongside, not instead of, conversations with your agent about your wishes. Many people also prepare a living will or include care instructions to guide the agent on questions such as life-sustaining treatment. The proxy names who decides. Talking with that person in advance, and putting your general wishes in writing, helps them decide the way you would want.

Why these documents help you avoid guardianship

If you become incapacitated without a power of attorney or health care proxy in place, no one automatically has legal authority to step in, not even a spouse or adult child. In that situation, a family member typically has to petition the court for guardianship, asking a judge to appoint someone to manage your finances, your personal needs, or both. The court process takes time, involves legal fees, and is a matter of public record, at exactly the point when your family is already dealing with a medical crisis.

A validly signed power of attorney and health care proxy generally prevent that outcome. Because you named your own agents in advance, your family can act on your behalf without asking a judge for permission first. Guardianship remains available for situations where no documents were signed or where a dispute requires a court to step in, but for most families, having these two documents in place is what keeps that decision out of a courtroom.

Choosing the right agent

The person you name as your agent, for finances, for health care, or both, should be someone you trust completely, since a power of attorney gives real authority over your affairs. Consider whether they are organized and responsible, whether they live close enough to act when needed, and whether they are comfortable making financial or medical decisions under pressure. You do not need to name the same person for both roles. Some clients choose one agent for finances and a different one for health care, based on who is best suited to each.

It is worth discussing the role with the person before you name them, so they understand what you expect and are willing to serve. Naming a successor agent for each document means your plan still works if your first choice becomes unavailable. If your circumstances change, such as a falling out with your named agent or a move to a different state, your power of attorney and health care proxy should be updated to reflect it.