Power of Attorney

Protecting Your Future with a Power of Attorney and a Health Care Proxy

Protecting Your Future with a Power of Attorney and a Health Care ProxyWho will take care of you and your finances and health care decision making if you become incapacitated?

The power of attorney is a financial document that names who will step in and take care of an individual’s finances if he is physically or mentally unable to handle them himself. The health care proxy does the same thing in the medical world. People often do not want to make decisions about naming a power of attorney or a health care proxy, but procrastinating is not the best option.

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Advance Directives: Planning for the Unexpected

Are You Prepared for the Unexpected? Avoid Stress & Cost by Planning AheadAre you and your family prepared for the unexpected? In the event of a sudden illness or injury, advanced directives can save you and your family time, money, and emotional distress.

The three advanced directives everyone should consider are health care proxies, living wills, and powers of attorney, yet these precautions are often overlooked by married couples.

This year I have had the pleasure of working with a married couple who suffered an unforeseen and life-changing event: the wife suffered a debilitating stroke while undergoing a simple medical procedure, and she needed the type of care that is only available in nursing homes.

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When Does Guardianship Become a Necessity?

When Does Guardianship Become a Necessity?In New York State there are three different types of guardianships:

  • Guardianship under Mental Hygiene Law Article 81: Applicable to an adult who had capacity during their lifetime but has since experienced cognitive and/or functional limitations.
  • Surrogate’s Court Procedure Act Article 17 Guardianship: Guardianship of a minor, applies to anybody under the age of 18 without a legal guardian.  An Article 17 action assigns guardianship for a child only until they reach the age of majority at 18 years old.  
  • Surrogate’s Court Procedure Act Article 17A Guardianship: Applies to an adult without requisite mental capacity; adults with developmental disabilities, who are intellectually disabled, or who have a traumatic brain injury.
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