In Hewlett, New York, "power of attorney" refers to a variety of different legal arrangements. However, the numerous systems which fall under the umbrella of that term have one thing in common: if somebody grants power of attorney to somebody else, the person with power of attorney is authorized to make given decisions on behalf of the person who granted it. There are many reasons why a person might want to grant this power to another, but it typically granted in contemplation of the possibility that the grantor might become unable to express his or her wishes due to some form of incapacity.
Any power-of-attorney arrangement creates the possibility that the attorney-in-fact will abuse the power he or she has been granted, and it's simply not feasible to completely eliminate this possibility. It can be minimized, however, by giving the attorney the bare minimum amount of authority needed to carry out your wishes, and making your wishes known in writing (with copies held by at least one other person) well in advance. When granting power of attorney, you can usually grant as much authority as you want, so you need to be very careful, and only give this legal authority to somebody you know and trust. Also, you should consider your circumstances and objectives when determining what type of power to grant.
If you have a strong preference with respect to end-of-life care, but worry that you might be unable to express your wishes when the time comes, you may want to give a family member the legal authority to make such arrangements for you, if necessary. Of course, the power you grant them should be clearly limited to medical decisions, if that's all you want them to be able to decide. It should additionally clearly state that this power will not directly vest until and unless you actually become incapacitated. For reasons that should be obvious, you should only give this power to a person you trust.
Sometimes, you can find pre-printed forms in Hewlett, New York allowing you to easily draft a power of attorney document. In some cases, this may be all you need. These forms already have the basics of such an agreement committed to writing. All you and the other party have to do is fill in the blanks, per the instructions, and possibly have the forms notarized.
Types of Power of Attorney Arrangements in Hewlett, New York
There are 3 power-of-attorney arrangements that can be set up in Hewlett, New York. Which one is best for you will largely depend on your goals, and your individual situation. They are:
1. Limited power of attorney - this lets the attorney-in-fact exercise limited authority in a single transaction. It is useful, for example, if someone is buying property in another state, and the deal is nearly done, but a few documents need to be signed. The buyer could give a resident of that state power of attorney, authorizing him or her to complete the transaction on the buyer's behalf. Conveniently, the power automatically terminates when the transaction is complete.
2. Durable power of attorney - unlike limited power of attorney, discussed above, this does not automatically expire, though the principal can end it at any time. It is typically not limited to a single transaction, either. Rather, it covers a broader subject matter, though it still has limits. For example, you could give someone durable power of attorney to make medical decisions for you, but they would only be permitted to act in that context.
3. Springing power of attorney - this is a lot like durable power of attorney, but it does not typically take effect immediately. Alternatively, the power vests on the occurrence of specific condition(s) laid out by the principal. The principal could make the condition anything he or she wants, authorizing power of attorney to vest only if, say, a person flies to Saturn. Of course, these arrangements are typically not so outlandish. Typically the event that must take place is the principal becoming incapacitated. This grants the principal to make his or her own decisions while they're able, but also ensures that someone they trust will be able to carry out their wishes in the event that they become too sick or weak to express them.
Can a Hewlett, New York Lawyer Help?
While setting up power of attorney in Hewlett, New York can be simple, there are some cases in which it will inevitably be complicated. In such cases, the process will be much easier if you have a knowledgeable attorney to help you along the way.