This is a durable general power of attorney form that is effective at a future time or upon the happening of a specified event or condition. It is also known as a "Springing" Power of Attorney. This form complies with Article 5, Title 15 of New York General Obligations Law.
Power Any Attorney Without A License
Category:
State:
New York
Control #:
NY-P012A
Format:
Word;
Rich Text
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How to fill out New York Durable General Power Of Attorney Effective At A Future Time - A.k.a. Springing Power Of Attorney?
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FAQ
One major downfall of a POA is the agent may act in ways or do things that the principal had not intended. There is no direct oversight of the agent's activities by anyone other than you, the principal. This can lend a hand to situations such as elder financial abuse and/or fraud.
While you aren't financial liable, as the attorney-in-fact, you're still the point of contact for the principal's debts. Creditors have a right to attempt to collect the funds that are owed. They don't, however, have a right to harass you.
Except with respect to real estate transactions, a Minnesota Power of Attorney document does not need to be recorded anywhere in order to be effective.
The POA cannot transfer the responsibility to another Agent at any time. The POA cannot make any legal or financial decisions after the death of the Principal, at which point the Executor of the Estate would take over. The POA cannot distribute inheritances or transfer assets after the death of the Principal.
You can write a POA in two forms: general or limited. A general power of attorney allows the agent to make a wide range of decisions. This is your best option if you want to maximize the person's freedom to handle your assets and manage your care.