For an affidavit to be valid, it is essential that the affidavit be sworn to, or affirmed before, a notary public or some other officer authorized to administer oaths. It is also essential that the affiant be identified as to name, residence and, where appropriate or required by law, as to status or capacity. This is ordinarily done in the introductory paragraph to the affidavit.
The following form is by an affiant as an attorney-in-fact for a corporation.
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Who Can I Name to Have Power of Attorney? You can technically name anybody to have POA, so long as it is done under your free will and you are mentally competent.1 It should be somebody trustworthy and capable, such as a spouse, close family member, or friend. You may also designate your lawyer to have a POA.
A Power of Attorney Could Leave You Vulnerable to Abuse Often, this does not happen ? at least not unless or until abuse of power becomes egregious. Because of the potential that an agent could take advantage of you or steal from you, it is very important that you select the right person to act as your agent.
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.
The three most common types of powers of attorney that delegate authority to an agent to handle your financial affairs are the following: General power of attorney. Limited power of attorney. Durable power of attorney.
Create a high quality document now! A New York durable statutory power of attorney allows a person to hand over the power to handle their finances to someone else, and remains valid during their lifetime.
To be valid at all times, a Will must be in writing, dated and signed by the maker of the Will with two witnesses signing and adding their addresses under their signature. Just writing out your wishes without the witness formality is not suggested.
For most people, the best option is to have a general durable power of attorney because it gives your agent broad powers that will remain in effect if you lose the ability to handle your own finances. An attorney can customize a general POA to limit powers even more?or add powers, Berkley says.
On June 13, 2021, a new version of the New York Statutory Short Form Power of Attorney went into effect. Any powers of attorney executed before this date that complied with the earlier 2010 law continue to be valid.
