White Plains, NY Elder Lawyer FAQ: What Is Power of Attorney and When Is It Necessary?
Power of attorney, in its simplest form, transfers to the grantee the ability to make authorized legal decisions on behalf of the grantor. Under this general, or ordinary, power of attorney, the agent is authorized to make decisions for the grantor only in specific circumstances. The relationship can be revoked by the grantor, and it terminates upon his or her death or incapacity.
A more specific variant is durable power of attorney. With this document, the relationship continues should the grantor become incapacitated or incompetent. Because of the inherently intimate nature of many of these decisions, a durable power of attorney is often given to a close relation or loved one; someone whom the principal trusts to make decisions for him or her should he or she be unable to do so.
Contemplating a time when we are unable to communicate our own wishes is not a comfortable proposition. However, life is unpredictable. We would all like to believe that we will be capable of making decisions for ourselves until the very end. Often this is not possible or practical. With a durable power of attorney, you can be confident that someone whom you love and trust will make the correct decisions regarding your well-being in the event that you yourself are unable to do so. As twilight years approach, it is essential to ensure that your personal wishes for care are fulfilled. A durable power of attorney is a measure of security to provide peace of mind that a specific loved one will make your desires known for you in the event that you are unable to do so yourself.
Call the Elder Law Attorneys at Gallivan & Gallivan to discuss Power of Attorney documents and other elder planning tools.
