Experienced Rochester Lawyer Advises on Power of Attorney Issues
Western New York firm prepares documents to transfer legal authority as appropriate
If you wish to grant someone legal authority to handle important matters for you, or if you are concerned about who will make key decisions should you become incapacitated, a power of attorney document might be the solution. At the Law Office of Maurice J. Verrillo, P.C. in Rochester, we work with clients to develop legal instruments that help family members and others protect the interests of those they love. With a valid power of attorney, you (the principal) can give a trusted person (the agent) the ability to make decisions on your behalf. Whether you’re planning for the future or believe someone close to you requires some assistance, our firm provides knowledgeable, compassionate guidance.
Types of power of attorney documents
Before you execute a power of attorney, you should have a thorough understanding of the options that exist. Our accomplished estate planning attorney will examine your particular situation and advise you on choices such as:
- Durable vs. expiring power of attorney — A standard power of attorney expires in the event that you no longer have legal capacity to grant control of your affairs to someone else. A durable power of attorney solves this problem. You can create one of these documents while you are fit to do so, and the grant of authority will remain valid even if your faculties are later compromised by a mental or medical condition.
- Immediate vs. springing power of attorney — Frequently, someone looks to execute a power of attorney when they have an immediate concern. They might be entering the hospital or going overseas for an extended period of time. Should this be the case, you can create an instrument that goes into effect immediately when it is finalized. However, you might want to establish a contingency plan in case you ever are unable to carry out important responsibilities. Through a springing power of attorney, your agent can assume legal authority if you become incapacitated at some point.
- General vs. limited power of attorney — Some principals choose to put all of their legal and personal affairs in the hands of the agent named in the power of attorney document. However, there might be instances where the principal is capable of handling various important concerns but seeks assistance with others. If you’re in such circumstances, you might grant a limited power of attorney that allows you to maintain control over most matters while authorizing an agent to represent you in financial transactions.
No matter what type of power of attorney you seek, we will treat your concerns with respect and develop a legal instrument that meets your needs.
Putting a springing power of attorney document into effect
One of the key benefits of a power of attorney is that you do not go through a guardianship proceeding in order to assume legal authority for someone who needs help. However, there might be instances where individuals who have a created a springing power of attorney still think that they can handle their own affairs. If a dispute exists as to whether someone is incapacitated enough to activate a previously executed power of attorney, we can gather the necessary evidence to support your position that the document should take effect.
Contact a Rochester lawyer for a free consultation about a power of attorney issue
The Law Office of Maurice J. Verrillo, P.C. in Rochester advises Western New York clients on a full range of matters relating to power of attorney documents. To make an appointment for a free initial consultation, please call 585-563-1134 or contact us online.