Understanding Durable Power Of Attorney Documents

Durable power of attorney documents are legal documents by which a person authorizes another to act on the person’s behalf. Typically, the durable power of attorney documents relate to financial or business transactions such as real estate or banking transactions.  The durable power of attorney documents are provided by New York statutes and the rules regarding the creation and use of the power must be followed for the power to be effective.

The power of attorney can be broad in scope, giving an agent the ability to make any and all decisions, or you can limit the agent’s authority by specifying the types of decisions the agent can make. Durable means that the power of attorney remains in effect when, and if, you become incapacitated.  Also, the selection of the agent or attorney-in-fact to carry out or utilize the power is important.  The agent must be trustworthy so that the use of the power is not abused.

It is advisable to contact a lawyer to prepare and implement your durable power of attorney. A lawyer should make sure that your document meets your state's requirements and that the powers you wish to give your agent are provided for and are legally effective. I provide my clients with legal representation in areas of law for estate planning, guardianship, and powers of attorney. I have many years of experience and I will assist you with questions you have regarding a durable power of attorney.

To receive legal consultation concerning a durable power of attorney,  you can contact me by phone at (212) 355-2575 or e-mail