[NY] Is a power of attorney executed by my mother in 2021 still valid today if she developed dementia afterwards?
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Yes, the POA is still in legal effect today and may be used.
As long as the power of attorney was validly executed and does not expressly provide that it is terminated by the subsequent incapacity of the principal, it remains in effect despite your mother's diagnosis (NY Gen Oblig L § 5-1501A).
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My mother and I did a Power of Attorney back in 2021 during the Covid pandemic. She got diagnosed with dementia later that year. Fast forward to present date—I want to know if the POA we did back then is still valid to this date?
Thank you for choosing JustAnswer! My name is Jessica and I am a licensed attorney that will be assisting you with your question.
I am so sorry your mother has been diagnosed with dementia. Was she legally competent when she executed the POA in 2021?
Yes, she was competent when we did the POA.
Yes, the POA is still in legal effect today and may be used.
As long as the power of attorney was validly executed and does not expressly provide that it is terminated by the subsequent incapacity of the principal, it remains in effect despite your mother's diagnosis (NY Gen Oblig L § 5-1501A).
Okay so even right now as she has dementia I can still use the POA on her behalf without any problems since we did it back in 2021?
Correct.
Do you mind taking a look at it please?
No problem. Please upload a copy.
Thank you! Give me a few mins please.
File attached (75PZVSG)
Does a health proxy need to be notarized in order for it to be valid?
In New York, a healthcare power of attorney (also known as a health care proxy) does not require notarization, but it does need to be signed and dated by the principal and witnessed by two adult witnesses who are not named in the document as agents.
Okay thanks. I uploaded a copy of the POA did you receive it?
Yes, that POA is legally acceptable.
Regarding the health proxy—we weren't able to do one at the same time we did the POA. Can I use the POA to decide my mom's medical needs or do I need to go to court?
Unfortunately, you will need to go to court and be appointed her legal guardian for medical decisions.
My mom took out life insurance. Can I send them a copy of the POA to take over paying her premium and add myself as owner of her policy?
Yes, you will be able to accomplish that with the Durable Power of Attorney.
Okay so just to clarify—the POA I have in my possession, the correct name for it is called Durable Power of Attorney?
Yes, that's correct.
Okay. Thank you so much for taking the time to answer all of my questions.
I'm glad I could help! If you have any more questions in the future, feel free to reach out.
