• Skip to primary navigation
  • Skip to main content
  • Skip to primary sidebar
  • Skip to footer

Law Offices of Kobrick and Moccia

Long Island Estate Planning Attorneys

ESTATE, TRUST PLANNING &
ELDER LAW INFORMATION CENTER

Call Now: (800) 295.1917

  • Attend Our Free Webinars
  • Home
  • Our Firm
    • About Our Firm
    • Client Testimonials
    • Meet Our Team
  • Services
    • Blended Family Planning
    • Elder Law
    • Estate and Gift Tax Figures
    • Estate Planning Services
    • IRA & Retirement Planning
    • Legacy Planning
    • LGBTQ Estate Planning
    • Pet Planning
    • SECURE Act
    • Special Needs Planning
    • Trust Administration
  • Elder Law
    • Coping With Alzheimer’s
    • Guardianship
    • Medicaid Planning
    • Nursing Home Planning
  • Resources
    • Articles
    • Elder Law Resources
      • Commack Elder Law
      • Elder Law Reports
      • Harrison Elder Law
      • Hauppauge Elder Law
      • Rockville Centre Elder Law
      • White Plains Elder Law
    • Estate Planning Definitions
    • FREE Estate Planning Worksheet
    • FREE Seminars
    • Frequently Asked Questions
      • Elder Law
      • Estate Planning
      • Families Without an Estate Plan
      • Legacy Wealth Planning
      • LGBTQ Estate Planning
      • Medicaid
      • Probate
      • Trust Administration
      • Trust Administration & Probate
      • Wills and Trusts
    • Is My Estate Plan Outdated?
    • Legacy Wealth Planning Consultation Form
    • Medicaid Resources
    • Probate Resources
      • Harrison Probate
      • Hauppauge Probate
      • Long Island Probate
    • Probate Checklist
    • Special Reports
      • Advanced Estate Planning
      • Basic Estate Planning
      • Estate Planning for Niches
      • Trust Administration
    • Top Estate Planning Techniques
  • Communities We Serve
    • Nassau County
      • Garden City
      • Lynbrook
      • Malverne
      • Rockville Centre
    • Suffolk County
      • Commack
      • Dix Hills
      • Hauppauge
      • Nesconset
      • Smithtown
    • Westchester County
      • Harrison
      • Mamaroneck
      • Rye Brook
      • White Plains
  • Webinars
  • BLOG
  • Reviews
    • Our Reviews
    • Review Us
  • Contact Us
Home » Powers of Attorney » What Is a Good Power of Attorney?

What Is a Good Power of Attorney?

May 28, 2015 by Saul Kobrick Leave a Comment

Given the numerous and varied uses for a power of attorney, there is a very good chance that you will wish to create one at some point in your life. Like many people, you may be tempted to download a “fill-in-the-blank” form or purchase a “do-it-yourself” kit from your local stationary supply store when the time comes that you need a power of attorney, or POA. While it may seem like a way to save both time and money, going the “DIY” route all too often actually ends up costing you, or your loved ones, considerably more time and money than you thought you saved. It is always best to consult with an experienced estate planning attorney if you find yourself in need of a POA; however, it may also be beneficial to be knowledgeable about what makes a good power of attorney. The following are some of the factors that separate a good power of attorney from a not so good POA:

  • Agent authority – a good POA should only give an Agent the as much authority as the Agent needs, nor more and no less. A general POA, for example, should not be used when a limited POA will suffice.
  • Durability – a traditional POA terminates upon the death or incapacity of the Principal – something the average person does not know. Because incapacity is often precisely when a Principal wants the Agent’s authority to be valid, a traditional POA may be effectively worthless. A good POA is often a “durable” POA. “Durable” simply means that the Agent’s authority survives the incapacity of the Principal.
  • Successor agent – the death, incapacity, or unavailability of your designated Agent could make your POA worthless unless you have designated a successor Agent or included the process for selecting one.
  • Execution – the requirements for execution of a POA differ by state. Even when there are no specific requirements, it is always best to have a POA witnessed by two uninterested parties and/or notarized.
  • Compliance with state law – state laws relating to a power of attorney can vary, something that generic POA forms do not take into account. A good POA, therefore, is one that is state-specific.
  • Up to date – laws affecting a power of attorney or the authority granted under one are also subject to change. Boilerplate POA forms may have outdated language in them or may fail to include language required by recent changes in the law.

If you wish to give someone power of attorney, or you have been asked to sign a power of attorney form for any reason, it is in your best interest to have an experienced estate planning attorney draft or review the POA form. Contact the experienced New York estate planning attorneys at The Law Offices of Saul Kobrick, P.C. by calling 800-295-1917 to schedule your appointment.

  • Author
  • Recent Posts
Saul Kobrick
Saul Kobrick
Saul Kobrick is an attorney licensed to practice law in the State of New York and the Founding Partner of The Law Offices of Kobrick & Moccia. Mr. Kobrick is licensed to practice law in all courts of New York State, as well as in the Federal District Courts for the Southern and Eastern Districts of New York. He is a member of the New York State, and Nassau County Bar Associations as well as a member of the American Academy Estate Planning Attorneys. Mr. Kobrick is also a member of the National Academy of Elder Law Attorneys.
Saul Kobrick
Latest posts by Saul Kobrick (see all)
  • “Last Will and Testament” Origin - April 1, 2021
  • Beneficiary Designations and Other Non-Probate Transfers - March 17, 2020
  • Preparing for Coronavirus - March 12, 2020

Filed Under: Powers of Attorney

Other Articles You May Find Useful

Harrison estate planning lawyers
Do I Need a “Durable” Power of Attorney?
Harrison estate planning attorneys
Can a Third Party Refuse to Honor an Agent’s Power of Attorney?
Durable power of attorney
Why Would I Need a Durable Power of Attorney?
Power of Attorney
Understanding the Different Types of Power of Attorney
Law Offices of Kobrick and Moccia
Mistakes to Avoid in a Power of Attorney
Law Offices of Kobrick and Moccia
Who Can Act As an Agent under a Power of Attorney?

Reader Interactions

Leave a Reply Cancel reply

You must be logged in to post a comment.

Primary Sidebar

Law Offices of Kobrick and Moccia

Download our free estate planning worksheet

There's a lot that goes into setting up a comprehensive estate plan, but with our FREE worksheet, you'll be one step closer to getting yourself and your family on the path to a secure and happy future.
  • This field is for validation purposes and should be left unchanged.

Follow Us

  • Facebook
  • LinkedIn
  • RSS
  • Twitter

Blog Subscription

  • This field is for validation purposes and should be left unchanged.

GARDEN CITY

1305 Franklin Avenue Suite 170
Garden City, NY 11530
United States (US)
Phone: (516) 248-9500
Fax: (516) 248-7606

HAUPPAUGE

150 Motor Parkway Suite 401 (Regus)
Hauppauge, NY 11788
United States (US)
Phone: (631) 941-3400
Fax: (516) 248-7606

HARRISON

600 Mamaroneck Avenue, 4th Floor
Harrison, NY 10528
United States (US)
Phone: (914) 701-0777
Fax: (516) 248-7606

MAP

kobrick_sidbr_map

Office Hours

Monday9:00 AM - 5:00 PM
Tuesday9:00 AM - 5:00 PM
Wednesday9:00 AM - 5:00 PM
Thursday9:00 AM - 5:00 PM
Friday9:00 AM - 5:00 PM

Footer

footer-logo
  • Facebook
  • LinkedIn
  • Twitter

The information on this Attorneys & Lawyers / Law Firm website is for general information purposes only. Nothing on this or associated pages, documents, comments, answers, emails, or other communications should be taken as legal advice for any individual case or situation. The information on this website is not intended to create, and receipt or viewing of this information does not constitute, an attorney-client relationship.

Kobrick and Moccia, Attorneys at Law. Privacy Policy | Contact Us | Disclaimer | Site Map | Powered by American Academy of Estate Planning Attorneys

Law Offices of Kobrick and Moccia
Attorney Advertisement
© 2023 American Academy of Estate Planning Attorneys, Inc.