Planning while you are well

Who could help with money and medical decisions?

If you were unable to handle a bill or speak with a doctor, who would you want helping you? In New York, financial authority and medical decision-making use different documents. Planning gives you a chance to choose people, explain your wishes, and understand what authority you are giving them.

A power of attorney addresses financial matters

A power of attorney allows an agent you choose to handle financial matters within the authority granted. Depending on its terms, that might include banking, paying expenses, or a real estate transaction. It is not an automatic grant of permission to do anything with your property.

Ask when the authority starts, which powers are included, and whether it continues if you become incapacitated. Review any authority to make gifts with particular care. The agent's convenience should not replace a clear understanding of your wishes and the document's limits.

A health care proxy addresses medical decisions

A health care proxy names someone to make health care decisions when you are unable to make them yourself under the applicable legal standard. It does not authorize that person to manage your bank account. A financial power of attorney does not replace the health care proxy.

You may want the same trusted person for both roles, or different people. Think about who can speak calmly with medical staff, ask questions, and respect your choices even when other relatives disagree. Have that conversation before a difficult moment.

Choose people and talk through the work

For example, one sibling may be comfortable organizing bills while another knows your medical preferences well. The important question is whether each person is willing and able to carry out the role. Discuss backups and practical ways to reach everyone.

  • Will this person follow my wishes and keep appropriate records?
  • Can they communicate with the people involved?
  • Who could step in if my first choice is unavailable?
  • Where will the documents be kept, and who needs a copy?

Do not wait for a crisis to ask questions

The person signing must have the required legal capacity, and each document has signing requirements. If memory, understanding, communication, or physical ability is a concern, raise it promptly with the attorney. A diagnosis or a family member's opinion does not, by itself, settle every capacity question.

Bring existing documents for review. Do not assume an older document is invalid simply because the forms have changed, or that signing a replacement automatically resolves every issue.

Understand what changes after death

A power of attorney ends when the person who granted it dies. It does not let the agent continue managing the estate under that document. Different authority may be needed. Law Office of Andreina I. Rosa, Esq. can discuss these documents as part of estate planning. This is general information, not individual capacity or document advice.

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