Unfortunately, there may come a time in your life when you cannot act on your behalf and you will need the assistance of a trusted loved one. Although this is difficult to think about, you have to so that you can plan accordingly. And to plan accordingly means creating a power of attorney. Arguably, the most important one is a durable power of attorney. Continue reading to learn the significance of establishing this document and how an experienced New York City powers of attorney at Zimmet Law Group, P.C., can guide you through the process.

What is a durable power of attorney?

One of the powers of attorney that is recognized in New York is the durable power of attorney. With this type, you will be able to appoint a loved one, otherwise known as an agent, to make decisions on your behalf in the unfortunate event that you become incapacitated and cannot do so independently. For example, your agent can give the final say on whether life-sustaining procedures should be provided.

This document can be equally important to an estate plan as having a will or trust. That is, a mechanism to care for your business, financial, and personal affairs in the event of incapacity is important.

What makes a durable power of attorney enforceable?

A durable power of attorney is enforceable if it aligns with the following conditions:

  • This document is a voluntary delegation of authority by you to the agent.
  • This document is dated and in writing.
  • This document is signed by you or at your express direction.
  • This document is established in the presence of two witnesses.
  • This document is enforceable when a physician certifies in writing that you are incapable of making an informed decision.
  • This document is communicated to a physician who will make it part of your medical records.

What makes a durable power of attorney revocable?

Contrastingly, a durable power of attorney is revocable if any of the following occur:

  • In writing, you sign and date a revocation of this document.
  • You make an oral statement to a physician regarding the revocation of this document.
  • You execute a subsequent directive.

With all that being said, we recommend that you have an established and enforceable durable power of attorney at all times. If you require assistance with doing so, take a moment to pick up the phone and speak with one of our skilled New York City wills, trust & estates attorneys.

Contact Our New York City Firm

If you require the services of an effective New York City attorney of estate planning and administration, divorce and family law, real estate, commercial litigation, business law, bankruptcy, or landlord-tenant law, contact Zimmet Law Group, P.C. today to schedule a consultation.