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Phillips Esq.
Phillips Esq., Attorney-at-Law
Category: Estate Law
Satisfied Customers: 17441
Experience:  B.A.; M.B.A.; J.D.
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I have been legally disabled since 1995. At that point my

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I have been legally disabled since 1995. At that point my main situation was PTSD. I live in the Hamptons, NY11963, I created a revocable Trust in 2005, I just noticed that my Power of Attorney states Durable General Power of Attorney....New York Statutory Short Form....The powers you grant below continue to be in effect should you become Disabled or Incompetent. (( already disabled 10 years when signed). Powers granted were across the board A -KK, three of my children can do anything from sell my house to write/cash checks. Is this POA valid as I was already disabled? Do I need to make a new one ASAP and Health CareProxy and Admendment to my Trust? Thank you, Carol
Submitted: 1 year ago.
Category: Estate Law
Expert:  RayAnswers replied 1 year ago.
Hi and welcome to JA. I am Ray and will be the expert helping you tonight.
You would want to complete a revocation of power of attorney and file it in the deed records of your county and also send it to any banks or institutions that you have funds.
If you want to complete a new one here to give another person POA and Health care Proxy and amend the trust as well.You can do all of this here.
Revocation form.
http://www.imperialcable.com/newforms/pdf/POA-Revocation.pdf
New proxy here
https://www.nysba.org/Healthcareproxy/
New durable POA form
http://www.nylawfund.org/durpoa.pdf
Trust amendment form
http://www.lgggroup.com/html/plan-and-prosper-pdf/REVOCABLE%20LIVING%20TRUST%20Amendment_Form.pdf
I appreciate the chance to help you tonight.Please let me know if you have more follow up.Thanks again.
Expert:  RayAnswers replied 1 year ago.
Please if I missed something just ask,thanks for your patience while I go this for you.
Customer: replied 1 year ago.
I sent a response to your replyRayAnswers, in which I told you that the information sent was not completely accurate and that the most important item in my agenda the Durable General Power of Attorney form which I must change because it should not ever have been used as it states should you become disabled or incompetent in the heading,my being disabled when signed! needed to changed ASAP and you sent a form with the exact same heading,ergo your information was useless and of no avail. The site has been trying to respond since my reply NOT question as of 11:33pm Aug. 4. Michele's last communication was as of 11:50am yesterday. No stars ! I know more about my original question and that other forms are available as I have read them then you have provided me with
Expert:  RayAnswers replied 1 year ago.

I am sorry that you have had problems.I was trying to assist you here.Let me opt out here and leave this for other experts.Please do not rate others will pick this up.Thanks for your patience.

Expert:  Phillips Esq. replied 1 year ago.
Hello Carol: This is PhillipsEsq. I am a licensed Attorney and I will be further assisting you with your post.
I have been legally disabled since 1995. At that point my main situation was PTSD. I live in the Hamptons, NY11963, I created a revocable Trust in 2005, I just noticed that my Power of Attorney states Durable General Power of Attorney....New York Statutory Short Form....The powers you grant below continue to be in effect should you become Disabled or Incompetent. (( already disabled 10 years when signed). Powers granted were across the board A -KK, three of my children can do anything from sell my house to write/cash checks. Is this POA valid as I was already disabled?
Response 1: Yes, the POA is still valid. There are two kinds of Power of Attorney namely: Durable General Power of Attorney ("DPOA") and Springing Power of Attorney ("SPOA"). DPOA is effective upon execution whereas SPOA is only effective if your health care providers certify that you can no longer act for yourself. SPOA is mostly avoided because it creates hurdles when the persons given POA need to quickly act on your behalf. These persons must jump through the hoops to show that you are now incompetent and thus they should now be allowed to act on your behalf. With DPOA, your Attorneys-in-fact, the persons you have given the power to act on your behalf can step in your shoes immediately to act on your behalf. You can still do whatever you want to o with your assets. The DPOA does not prevent you from acting for yourself. See New York General Obligations Law Article 5 Title 15 Sections 5-1501-1501C:
http://law.justia.com/codes/new-york/2014/gob/article-5/title-15/
Do I need to make a new one ASAP
Response 2:No, you do not unless you want to change the persons that you appointed to act on your behalf.
and Health CareProxy
Response 3: Health Care Proxy is only effective if you can no longer make decisions for yourself. However, you can do another one if you want to change person(s) you have appointed to act on your behalf and give a simple notice to your agents that you have revoked the previous proxy. See New York Public Health Article 29C:
http://law.justia.com/codes/new-york/2014/pbh/article-29-c/
For general information, click on the link below:
https://www.health.ny.gov/professionals/patients/health_care_proxy/
and Admendment to my Trust? Thank you, Carol
Response 4 Yes, if the trustees have changed or if you want to change beneficiaries or allocations of benefits to beneficiaries, or if you want to change anything in the trust. However, if this an irrevocable trust, you would need the consent of the trustees (if the trustees are available) and beneficiaries or consent of the Court in order to amend the trust. If a revocable trust, you can amend the trust without authorization from anyone. See New York Estates, Powers & Trusts Article 7 Part 1 Section 7-1.9:
http://law.justia.com/codes/new-york/2014/ept/article-7/part-1/7-1.9/

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