Which is the right form for a Power of Attorney if my mother was recently diagnosed with dimensia?
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You’re doing the right thing by acting now, while your mom is still of sound mind. In New York, the correct form for general purposes is the New York Statutory Short Form Power of Attorney. This form was updated most recently in June 2021, and it’s the one recognized by courts, banks, and other institutions throughout the state. It gives broad authority for financial and legal matters, including managing accounts, benefits, insurance, and more. You can find the official version on the New York Unified Court System’s website, or through a reputable legal forms provider, as long as it’s the 2021 version.
Since your mom has a dementia diagnosis, time is critical. A Power of Attorney is only valid if the person signing it is mentally competent at the time of signing. She must understand what she’s signing, who she’s naming as agent, and what powers she’s giving. If there’s any question about her capacity, it’s a good idea to have her evaluated by her doctor and get a note confirming that she is still able to make legal decisions. This can help avoid challenges later, especially from government agencies or insurance companies.
To execute the POA properly, your mom must sign it in front of a notary public. You, as the agent, also need to sign a section in front of a notary, and two witnesses must sign as well (they can’t be the agent or someone who will benefit financially 5-1501B). Without the right formalities, the POA might not be accepted. It’s also a good idea to complete a Health Care Proxy form at the same time, which is a separate document that gives you the power to make medical decisions if she can’t.
If your mom becomes unable to sign before the POA is finalized, you may need to file for guardianship through the Surrogate’s or Supreme Court, which is a much longer and more expensive process. That’s why completing these documents now, with proper signatures and notarization, is the best back-up plan. Once done, keep copies in a safe place and notify key institutions like Social Security, her insurance provider, and any financial institutions. Let me know if you want help filling out the form or getting it notarized.
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Hi I’m trying to do a POA for my mom but I want to make sure I’m downloading the updated from so it’s valid in court. Do you know what is the right POA form is good for general purposes?
I understand the importance of ensuring you have the correct Power of Attorney form for your mom. Have you already checked with your local court or an attorney to confirm the specific requirements for a valid POA in your area?
No, I haven’t. I live in New York
Are you looking for a general Power of Attorney form that grants broad authority over your mom’s affairs, or are there specific limitations or instructions you need to include in the document?
No, it’s pretty straight forward
Is there anything else the Family Lawyer should know before I connect you? Rest assured they’ll be able to help with your POA form.
If she’s no longer of sound of mind I will be able to make decisions of her behalf?
Hi there! I’m Craig, a Family Law expert, and I understand how important it is to get the right Power of Attorney form for your mom in New York. Let’s make sure you have everything you need to proceed smoothly.
Have you considered how your mom’s current health status might affect her ability to grant a Power of Attorney? Are there any specific financial or medical decisions you anticipate needing to make on her behalf? Do you have a backup plan in case your mom’s condition changes and she is unable to sign the POA?
Unfortunately, I’m her only child. She was diagnosis with dementia so we’re trying to do a POA before her condition worsen while she is of sound of mind.
What kind of back-up plan do I need?
My mom recieves Social Security Disability and workers Comp. She also pays for her life insurance policy every month.
You’re doing the right thing by acting now, while your mom is still of sound mind. In New York, the correct form for general purposes is the New York Statutory Short Form Power of Attorney. This form was updated most recently in June 2021, and it’s the one recognized by courts, banks, and other institutions throughout the state. It gives broad authority for financial and legal matters, including managing accounts, benefits, insurance, and more. You can find the official version on the New York Unified Court System’s website, or through a reputable legal forms provider, as long as it’s the 2021 version.
Since your mom has a dementia diagnosis, time is critical. A Power of Attorney is only valid if the person signing it is mentally competent at the time of signing. She must understand what she’s signing, who she’s naming as agent, and what powers she’s giving. If there’s any question about her capacity, it’s a good idea to have her evaluated by her doctor and get a note confirming that she is still able to make legal decisions. This can help avoid challenges later, especially from government agencies or insurance companies.
To execute the POA properly, your mom must sign it in front of a notary public. You, as the agent, also need to sign a section in front of a notary, and two witnesses must sign as well (they can’t be the agent or someone who will benefit financially 5-1501B). Without the right formalities, the POA might not be accepted. It’s also a good idea to complete a Health Care Proxy form at the same time, which is a separate document that gives you the power to make medical decisions if she can’t.
If your mom becomes unable to sign before the POA is finalized, you may need to file for guardianship through the Surrogate’s or Supreme Court, which is a much longer and more expensive process. That’s why completing these documents now, with proper signatures and notarization, is the best back-up plan. Once done, keep copies in a safe place and notify key institutions like Social Security, her insurance provider, and any financial institutions. Let me know if you want help filling out the form or getting it notarized.
I need help to get it notarized.
Go to a bank to get it done.
Okay. The POA will diffidently cover everything except for health which we have to fill out separately correct?
Yes.
The note from the doctor should I get before we complete the POA or after?
Before.
Okay the POA forms that are we can download online can we use those?
When we print it fill it out and get it notarized will it still be recognize has a valid POA or do we have to get it completed by an attorney like yourself?
I’m looking online of where I can download the POA form. Do have any suggestions which website I should go to?
You can use the forms online.
It doesn’t matter who fills it out it matters who signs it and who notarize it, that’s it.
Okay no problem. Just to clarify does the notary has to come from a bank? I ask this because there are not many notaries in banks where I live.
No.
If the two witnesses can’t be present in front of the notary on the day of the signing can they sign the POA before we get it we notarized?
No no, everyone has to be present in the same room at the same time.
Okay got it. I was told that the notary can act as witness as well. Is this true?
Yes but I would use a separate party to witness a signature still
Okay. Is there anything me and my mom should add to the POA that is not a added to the online version
Let me see it.
(File attached)
It looks fine.
Thank you so much for taking the time answering all my questions and for providing me with enough detail information to help my mom and I get started on the Power of Attorney form.
I’m glad I could help.
