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Power of Attorney

Wondering who can have a power of attorney? A power of attorney is a contract in which you appoint another person, who doesn't have to be an actual attorney (your "attorney-in-fact" or agent), and grant that person the authority to make legal decisions and transactions on your behalf without additional permission. Under New York law, any mentally competent person (meaning you understand what you are signing) may create a power of attorney.

Having a power of attorney in place is important for every adult because if you become incapacitated, you want to have someone you trust making decisions on your behalf. Without a power of attorney, no one can handle your affairs without going to court in a guardianship proceeding.

Click here for Elder Law implications:


What powers can I grant in a power of attorney?


Can I limit my power of attorney?


Are there powers I cannot grant?


Does creating a power of attorney mean I cannot act for myself?


Can I revoke my power of attorney?


What happens to my power of attorney if I die or become incapacitated?


What happens to my power of attorney if my agent dies or becomes incapacitated?


What level of competency do I have to demonstrate to execute, modify or revoke a power of attorney?


I would like to execute a durable power of attorney:

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