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legaleagle
legaleagle, Lawyer
Category: Family Law
Satisfied Customers: 13441
Experience:  Practicing attorney for 10 years
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Can we make our 28 year old son power of attorney or proxy ...

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Can we make our 28 year old son power of attorney or proxy I don't know the difference to be able to handle all our medical and financial affairs like selling our home and having our checks sent to his account and him cashing them ,basically handling everything before these things are a burden or something happens where we are not able to do these things for ourselves? We live in new york state and would like to know what forms we need for this.
Submitted: 6 years ago.
Category: Family Law
Expert:  legaleagle replied 6 years ago.

Yes you can complete a Durable Power of Attorney for financial issues, you make it durable so it can continue even if you are no longer able to make your own decisions. And you would also complete a Medical Power of Attorney. Below are examples you may use.

 

 

STATUTORY DURABLE POWER OF ATTORNEY

 

NOTICE: THE POWERS GRANTED BY THIS DOCUMENT ARE BROAD AND SWEEPING. THEY ARE EXPLAINED IN THE DURABLE POWER OF ATTORNEY ACT, CHAPTER XII, TEXAS PROBATE CODE. IF YOU HAVE ANY QUESTIONS ABOUT THESE POWERS, OBTAIN COMPETENT LEGAL ADVICE. THIS DOCUMENT DOES NOT AUTHORIZE ANYONE TO MAKE MEDICAL AND OTHER HEALTH-CARE DECISIONS FOR YOU. YOU MAY REVOKE THIS POWER OF ATTORNEY IF YOU LATER WISH TO DO SO.

 

I, ________________________________ (insert your name and address), appoint _____________________________ (insert the name and address of the person appointed) as my agent (attorney-in-fact) to act for me in any lawful way with respect to all of the following powers except for a power that I have crossed out below.

 

TO WITHHOLD A POWER, YOU MUST CROSS OUT EACH POWER WITHHELD.

 

Real property transactions;

Tangible personal property transactions;

Stock and bond transactions;

Commodity and option transactions;

Banking and other financial institution transactions;

Business operating transactions;

Insurance and annuity transactions;

Estate, trust, and other beneficiary transactions;

Claims and litigation;

Personal and family maintenance;

Benefits from social security, Medicare, Medicaid, or other governmental programs or civil or military service;

Retirement plan transactions;

Tax matters.

 

IF NO POWER LISTED ABOVE IS CROSSED OUT, THIS DOCUMENT SHALL BE CONSTRUED AND INTERPRETED AS A GENERAL POWER OF ATTORNEY AND MY AGENT (ATTORNEY IN FACT) SHALL HAVE THE POWER AND AUTHORITY TO PERFORM OR UNDERTAKE ANY ACTION I COULD PERFORM OR UNDERTAKE IF I WERE PERSONALLY PRESENT.

 

SPECIAL INSTRUCTIONS:

Special instructions applicable to gifts (initial in front of the following sentence to have it apply):

 

I grant my agent (attorney in fact) the power to apply my property to make gifts, except that the amount of a gift to an individual may not exceed the amount of annual exclusions allowed from the federal gift tax for the calendar year of the gift.

 

ON THE FOLLOWING LINES YOU MAY GIVE SPECIAL INSTRUCTIONS LIMITING OR EXTENDING THE POWERS GRANTED TO YOUR AGENT.

 

 

UNLESS YOU DIRECT OTHERWISE ABOVE, THIS POWER OF ATTORNEY IS EFFECTIVE IMMEDIATELY AND WILL CONTINUE UNTIL IT IS REVOKED.

 

CHOOSE ONE OF THE FOLLOWING ALTERNATIVES BY CROSSING OUT THE ALTERNATIVE NOT CHOSEN:

 

(A) This power of attorney is not affected by my subsequent disability or incapacity.

 

(B) This power of attorney becomes effective upon my disability or incapacity.

 

YOU SHOULD CHOOSE ALTERNATIVE (A) IF THIS POWER OF ATTORNEY IS TO BECOME EFFECTIVE ON THE DATE IT IS EXECUTED.

 

IF NEITHER (A) NOR (B) IS CROSSED OUT, IT WILL BE ASSUMED THAT YOU CHOSE ALTERNATIVE (A).

 

If Alternative (B) is chosen and a definition of my disability or incapacity is not contained in this power of attorney, I shall be considered disabled or incapacitated for purposes of this power of attorney if a physician certifies in writing at a date later than the date this power of attorney is executed that, based on the physician's medical examination of me, I am mentally incapable of managing my financial affairs. I authorize the physician who examines me for this purpose to disclose my physical or mental condition to another person for purposes of this power of attorney. A third party who accepts this power of attorney is fully protected from any action taken under this power of attorney that is based on the determination made by a physician of my disability or incapacity.

 

I agree that any third party who receives a copy of this document may act under it. Revocation of the durable power of attorney is not effective as to a third party until the third party receives actual notice of the revocation. I agree to indemnify the third party for any claims that arise against the third party because of reliance on this power of attorney.

 

If any agent named by me dies, becomes legally disabled, resigns, or refuses to act, I name the following (each to act alone and successively, in the order named) as successor(s) to that agent: _______________________________________________________.

 

Signed this ______ day of __________, 19___.

 

 

__________________________________

(your signature)

State of _______________________

County of ______________________

 

This document was acknowledged before me on __________________________(date) by _______________________________ (name of principal).

 

___________________________________

(signature of notarial officer)

(Seal, if any, of notary) ___________________________________

(printed name)

My commission expires: _______________

 

THE ATTORNEY IN FACT OR AGENT, BY ACCEPTING OR ACTING UNDER THE APPOINTMENT, ASSUMES THE FIDUCIARY AND OTHER LEGAL RESPONSIBILITIES OF AN AGENT.

 

INFORMATION CONCERNING

THE MEDICAL POWER OF ATTORNEY

THIS IS AN IMPORTANT LEGAL DOCUMENT. BEFORE SIGNING THIS DOCUMENT, YOU SHOULD KNOW THESE IMPORTANT FACTS:

 

Except to the extent you state otherwise, this document gives the person you name as your agent the authority to make any and all health care decisions for you in accordance with your wishes, including your religious and moral beliefs, when you are no longer capable of making them yourself. Because "health care" means any treatment, service, or procedure to maintain, diagnose, or treat your physical or mental condition, your agent has the power to make a broad range of health care decisions for you. Your agent may consent, refuse to consent, or withdraw consent to medical treatment and may make decisions about withdrawing or withholding life-sustaining treatment. Your agent may not consent to voluntary inpatient mental health services, convulsive treatment, psychosurgery, or abortion. A physician must comply with your agent's instructions or allow you to be transferred to another physician.

 

Your agent's authority begins when your doctor certifies that you lack the competence to make health care decisions.

 

Your agent is obligated to follow your instructions when making decisions on your behalf. Unless you state otherwise, your agent has the same authority to make decisions about your health care as you would have had.

 

It is important that you discuss this document with your physician or other health care provider before you sign it to make sure that you understand the nature and range of decisions that may be made on your behalf. If you do not have a physician, you should talk with someone else who is knowledgeable about these issues and can answer your questions. You do not need a lawyer's assistance to complete this document, but if there is anything in this document that you do not understand, you should ask a lawyer to explain it to you.

 

The person you appoint as agent should be someone you know and trust. The person must be 18 years of age or older or a person under 18 years of age who has had the disabilities of minority removed. If you appoint your health or residential care provider (e.g., your physician or an employee of a home health agency, hospital, nursing home, or residential care home, other than a relative), that person has to choose between acting as your agent or as your health or residential care provider; the law does not permit a person to do both at the same time.

 

You should inform the person you appoint that you want the person to be your health care agent. You should discuss this document with your agent and your physician and give each a signed copy. You should indicate on the document itself the people and institutions who have signed copies. Your agent is not liable for health care decisions made in good faith on your behalf.

 

Even after you have signed this document, you have the right to make health care decisions for yourself as long as you are able to do so and treatment cannot be given to you or stopped over your objection. You have the right to revoke the authority granted to your agent by informing your agent or your health or residential care provider orally or in writing or by your execution of a subsequent medical power of attorney. Unless you state otherwise, your appointment of a spouse dissolves on divorce.

 

This document may not be changed or modified. If you want to make changes in the document, you must make an entirely new one.

 

You may wish to designate an alternate agent in the event that your agent is unwilling, unable, or ineligible to act as your agent. Any alternate agent you designate has the same authority to make health care decisions for you.

 

THIS POWER OF ATTORNEY IS NOT VALID UNLESS IT IS SIGNED IN THE PRESENCE OF TWO COMPETENT ADULT WITNESSES. THE FOLLOWING PERSONS MAY NOT ACT AS ONE OF THE WITNESSES:

 

(1) the person you have designated as your agent;

 

(2) a person related to you by blood or marriage;

 

(3) a person entitled to any part of your estate after your death under a will or codicil executed by you or by operation of law;

 

(4) your attending physician;

 

(5) an employee of your attending physician;

 

(6) an employee of a health care facility in which you are a patient if the employee is providing direct patient care to you or is an officer, director, partner, or business office employee of the health care facility or of any parent organization of the health care facility; or

 

(7) a person who, at the time this power of attorney is executed, has a claim against any part of your estate after your death.

 

MEDICAL POWER OF ATTORNEY

DESIGNATION OF HEALTH CARE AGENT.

 

I,_______________________________(insert your name) appoint:

 

Name:________________________________________________________

Address:_____________________________________________________

Phone____________________________________________

 

as my agent to make any and all health care decisions for me, except to the extent I state otherwise in this document. This medical power of attorney takes effect if I become unable to make my own health care decisions and this fact is certified in writing by my physician.

 

LIMITATIONS ON THE DECISION-MAKING AUTHORITY OF MY AGENT ARE AS FOLLOWS:

 

__________________________________________________________

_______________________________________________________________

 

DESIGNATION OF ALTERNATE AGENT.

 

(You are not required to designate an alternate agent but you may do so. An alternate agent may make the same health care decisions as the designated agent if the designated agent is unable or unwilling to act as your agent. If the agent designated is your spouse, the designation is automatically revoked by law if your marriage is dissolved.)

 

If the person designated as my agent is unable or unwilling to make health care decisions for me, I designate the following persons to serve as my agent to make health care decisions for me as authorized by this document, who serve in the following order:

 

A. First Alternate Agent

 

Name:________________________________________

Address:_____________________________________

Phone__________________________________

 

B. Second Alternate Agent

 

Name:________________________________________

Address:_____________________________________

Phone__________________________________

 

The original of this document is kept at:

 

 

______________________________________________________

______________________________________________________

______________________________________________________

The following individuals or institutions have signed copies:

 

Name:_________________________________________________

Address:______________________________________________

______________________________________________________

 

Name:_________________________________________________

Address:______________________________________________

______________________________________________________

 

DURATION.

 

I understand that this power of attorney exists indefinitely from the date I execute this document unless I establish a shorter time or revoke the power of attorney. If I am unable to make health care decisions for myself when this power of attorney expires, the authority I have granted my agent continues to exist until the time I become able to make health care decisions for myself.

 

(IF APPLICABLE) This power of attorney ends on the following date:_____

 

PRIOR DESIGNATIONS REVOKED.

 

I revoke any prior medical power of attorney.

 

ACKNOWLEDGMENT OF DISCLOSURE STATEMENT.

 

I have been provided with a disclosure statement explaining the effect of this document. I have read and understand that information contained in the disclosure statement.

 

(YOU MUST DATE AND SIGN THIS POWER OF ATTORNEY.)

 

I sign my name to this medical power of attorney on ___________ day of _______________________________________________________(month, year) at_________________________________________________________ (City and State).

_________________________________________________________ (Signature)

_________________________________________________________ (Print Name)

 

STATEMENT OF FIRST WITNESS.

 

I am not the person appointed as agent by this document. I am not related to the principal by blood or marriage. I would not be entitled to any portion of the principal's estate on the principal's death. I am not the attending physician of the principal or an employee of the attending physician. I have no claim against any portion of the principal's estate on the principal's death. Furthermore, if I am an employee of a health care facility in which the principal is a patient, I am not involved in providing direct patient care to the principal and am not an officer, director, partner, or business office employee of the health care facility or of any parent organization of the health care facility

 

Signature:____________________________________

Print Name:______________________Date:__________________

Address:________________________________________________

 

SIGNATURE OF SECOND WITNESS.

 

Signature:____________________________________

Print Name:______________________Date:__________________

Address:________________________________________________

legaleagle, Lawyer
Category: Family Law
Satisfied Customers: 13441
Experience: Practicing attorney for 10 years
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