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Durable Power of Attorney

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. A New York City estate planning lawyer can help make sure that you meet the requirements.

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.

Choosing an agent to act for you in a power of attorney is important.  The utmost consideration is that you have full faith and trust in the agent.  Typically, an agent is a close family relative such as a spouse or child.  It is important to remember that the agent using a power of attorney will be acting when the principal may be incapacitated and cannot override the agent's decision.  Since this is the intent of the durable power it is also essential that the agent recognize and accept his duties.  When a person names someone to act under the power it makes sense to ask that person first if he is willing to accept the responsibility. In the recently revised New York Statutory Power form, the agent must also sign the power and have his signature notarized and acknowledge that he understands that he is accepting the obligations and tasks assigned.

There are numerous instances in Court where a person appointed as an agent under a power abuses his authority.  The agent acting under a Power of Attorney is viewed as having a confidential relationship with the creator.  In view of this confidential relationship, any transfers by the agent of the creator's property to the agent will be viewed by the Courts as improper.  Problems arise in New York City and elsewhere when agents act without any oversight.  This is common with older individuals who give agents powers. In many instances there are no other family members or friends around to have oversight and to prevent the abuse of the power and the victimization of the creator.  When these situations arise, the result is Guardianship litigation or Estate litigation.

It is advisable to contact a New York City 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 from a New York City lawyer concerning a durable power of attorney,  you can contact me by phone at (212) 355-2575 or e-mail

Client Reviews
I am very grateful to Mr. Jules Martin Haas attorney of law in New York. I am from Buenos Aires Argentina. He managed with expertise a very difficult situation. of a complicate heritage from my aunt Anna Grodzka that lived and died a very long time ago in New York. I recommend him not only for his extraordinary knowledge but also for his kindness. Irma CW Peusner
I found Mr. Haas after being misguided by a former attorney. Mr. Jules Haas took our case which involved an estate/trust dispute. What initially seemed like an impossible and overwhelming legal fight was now in the hands of someone who had the integrity and legal expertise to win our case. Mr Haas' attention to detail and his expert knowledge base, skillfully and successfully guided us through an intricate legal process. I am very thankful and grateful to Mr. Jules Haas for representing our interest and ultimately winning. Bringing about a peace of mind we needed. Thank You Devida Nedd
I was in need of a guardianship attorney and I hired the services of Jules M. Haas' Law firm. The service of counselor Haas and his staff, was very profesional and the case was handled in a timely matter. I would strongly recommend his services Angel Guevara
I strongly recommend Jules Haas. I have worked with him for two years and he has provided so much support and followed through with everything he promised he would do. His support staff is just as helpful! We had an interesting case and he helped to solve each part of it legally and was very thorough. Thank you for everything you have done to finalize our families estate Robyn Stafford
Jules Haas helped me with managing the process in probate court for my father's estate through to its completion upon the sale of my father's house. He was knowledgeable, efficient, and effective in submitting documentation to the probate court, explaining procedures to me, and advising me as to the progress of my case. His support staff was also very helpful. He made what for me created so much anxiety into something manageable where I could see progress every step of the way. His fees were very reasonable. I am super grateful to him for all the help he has provided and strongly recommend his services. Diana Janer
I just completed an estate transaction where Jules Haas represented my client in an estate and he did a great job! He was very quick at responding to all matters throughout the sale process, he was detailed, he was knowledgeable and he was a pleasure to work with. I just recommended him to some new clients who are going through an estate matter and will continue to recommend him. Rodolfo Lucchese