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The format is pretty straight forward. It requires a notary and witnesses, but not an attorney. However, if someone else is urging you to create one, it would be a good idea to consult an attorney to insure you are not creating a large risk to yourself.
Caveat
Unless you are absolutely sure about what you're doing and fully informed about the consequences, you should consult an attorney. A POA grants sweeping powers to your attorney-in-fact. They will have complete access to your assets and will need to be capable of keeping good records. They should keep an account of all the money coming in and all the money going out by their hand. They must be trustworthy, organized, intelligent, reliable and act in a professional manner where your finances and property are concerned.
A medical power of attorney will enable your agent to make medical decisions on your behalf if you should become unable to make those decisions for yourself.
Wiki User
∙ 13y ago
Wiki User
∙ 12y agoIf you are creating one for someone else you do have to be a licensed attorney. If you can't afford an attorney, you may find that your state has made available a statutory power of attorney form that you can purchase at a business that sells legal forms or possibly on your state government website for no charge. You can also find power of attorney form handbooks at your local bookstore or library that contain various types of poa forms authored by licensed attorneys.
Wiki User
∙ 13y agoYes. A Power of Attorney must be notarized. In fact, the laws have been updated in New York and both the principal and the agent must sign. A POA grants sweeping power over all the principal's assets. The principal should always consult with an attorney who can draft a POA that meets the needs of the principal and who can explain the consequences of executing a POA.
The laws that govern Powers of Attorney are changing to reflect an increase in the financial exploitation of elders. A good example is New York where changes were made in 2009.
Those changes include:
- A requirement that the agent also sign the POA document.
- Limiting the power to change beneficiaries and make amendments to trusts.
- Requiring the agent to maintain a record of all receipts, disbursements, and transactions entered into by the agent on behalf of the principal.
- Requiring the agent to make records available within a certain time period when requested by a co-agent, certain governmental entities, a court evaluator, a guardian, or a representative of the principal's estate.
- Special court proceedings to compel an agent to produce the record of receipts and disbursements and for various other purposes.
- A mechanism for forcing the agent to provide an accounting of the principal's assets and income.
Wiki User
∙ 8y agoUnless you are absolutely sure about what you're doing and fully informed about the consequences, you should consult an attorney. A POA grants sweeping powers to your attorney-in-fact. They will have complete access to your assets with no oversight and will need to be honest and diligent about keeping good records.
You need to decide whether the POA will be general, which will expire if you become incapacitated, or durable, which will remain in effect if you become incapacitated. Your attorney-in-fact should keep a record of all the money coming in and all the money going out by their hand. They must be trustworthy, organized, intelligent, reliable and act in a professional manner where your finances and property are concerned. An attorney-in-fact who mismanages the assets of an elderly person can cause a disqualification for benefits. Most important, if you should become unable to make your own decisions they must be someone who will act in your best interest.
Wiki User
∙ 15y agoNo, an attorney is not required. You can file your own power of attorney.
Wiki User
∙ 11y agoYou will have to research the Uniform Power of Attorney Act.
Wiki User
∙ 9y agoA power of attorney is not subject to a statute of limitations. It expires as indicated on the document, when the grantor rescinds it or when the grantor dies.
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Where can I get power of attorney forms?
You can get them from the NY State Bar Association. Their website is http://www.nysba.org.
If you're in CA and your husband filed for divorce in NY do you have to go to NY for the divorce or can you hire an attorney to represent you or represent yourself if you can't afford an attorney?
You can hire an attorney or represent yourself but will eventually need to go to NY to finalize the divorce. Search the web for NY Court Divorce Forms. Just make sure if you've been served with papers already that you ANSWER in the time alotted! Good Luck.
Who is the district attorney Clinton County NY?
The district attorney of Clinton County, NY is Andrew Wylie. He has been in office since 2014.
Being garnisg from some busines in NY. Need to stop payment how can that happen.?
You should contact an attorney to get a legal standpoint on this issue.
Are Power of Attorney Expenses allowed in NY state?
Although you can charge a fee to an estate for acting as its Executor - I am not aware of it being customary to charge a fee for acting as someones Power of Attorney, unless that fee arrangement was stipulated in some agreement what was made between yourself and the person you hold the POA for.
How long after disbarred in NY can attorney reapply?
Seven years.
Is an attorney needed for a refinancing in New York?
Not required in NY.
Is J John Sebastian a Traffic Attorney in Buffalo NY?
As of my last available information, there is no notable information linking J John Sebastian to being a traffic attorney in Buffalo, NY. It is recommended to verify this information through local directories or legal databases.
Is there a Benjamin shaw attorney for the dept of labor?
yes there is, in albany ny
What is considered legally separated in ny?
When you have filed your signed and notarized (by both parties) legal separation agreement with your county Court. Michelle Rozen, Divorce and Legal Separation Mediator NY, NJ, CT www.DivorceWithoutDisaster.com
Can a notary in NY notarize a PA car title?
Yes, as long as the vehicle will be re-titled in NYS. This note is from the central NYS DMV office: "The PA title will not be required to be notarized, but if you wish to have it notarized you can use either a PA or a NY notary." I also got a similar response from PennDOT. Once the title leaves their State, they don't require any notarization of the signatures.
In New York State can a notary notarize documents for a family member?
In most states a will does not have to be notarized.A will (or codicil to a will) in NY must be attested by two witnesses. A notary is not required. In fact, NY notaries are discouraged from notarizing wills so that their notarization will not be construed as a validation of the will. A notary is only attesting to the signature on the document and not to the content.If a NY will is properly executed it can also be notarized to help avoid future challenges regarding the authenticity of the signature only. Although not required a notarized self-proving affidavit can be attached to a will. In the affidavit the witnesses and testator swear to the fact they witnessed and signed the will. It avoids the necessity of finding the witnesses at the time of death of the testator and makes it simple for the court to allow the will. Most states accept such wills.A will should always be drafted by an attorney who specializes in probate law in your state.
