What Is a Power Of Attorney?

A power of attorney (POA) is an authorization to act on someone else's behalf in a legal or business matter. The person authorizing the other to act is the principal, grantor or donor (of the power), and the one authorized to act is the agent or the attorney-in-fact.

In New York, like in many jurisdictions, the power of attorney is an important document that is utilized as part of a person's estate plan.  It can afford protection to a person and his or her family by providing an agent with the power to engage in financial and other transactions for another in situations such as a person's absence due to travel or where a person is incapacitated as a result of an illness or accident.  The power of attorney can insure that important decisions and actions do not have to be delayed or opportunities lost in such event.  Court proceedings to appoint a guardian can also sometimes be avoided.

However, powers of attorney have been a source of instances of financial abuse and overreaching.  Persons appointed as agents have fiduciary duties and responsibilites and the selection of an agent should be done only after full consideration of a person's qualification, integrity and sincerity.

I have represented clients in the preparation and implementation of powers of attorney and developing and implementing a successful estate plan.  I have also assisted many clients in situations where an agent has improperly acted or breached their obligation to act fairly and honestly.

I provide my clients with personal representation.  I graduated in the top 10% of my class at The New England School of Law in Boston where I served on the prestigious “Law Review.”

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