Powers of Attorney Are Best Left to Attorneys

Powers of Attorney Are Best Left to Attorneys by Michael J. Fedele

Many of the inquiries we receive involve Powers of Attorney (POA) — and many of these inquiries deal with the ramifications of Do-It-Yourself (DIY) templates found online. 

DIY Powers of Attorney generally do not work out well for the principal and agent. Problems occur when they are tendered to a financial institution, title company, or other entity and they refuse it for one reason or another. Unfortunately, in New York, the bar is low for a third party to refuse to accept a POA. NYS GOL section 5-1504 sets out the reasonable cause standard for the acceptance of a POA. All too often we see third parties use this broad standard to refuse a POA due to the fear of future litigation.

Often this creates a problem because, by the time the Power of Attorney has to be used, the principle is no longer competent. That means the principle cannot execute, or re-execute, a proper Power of Attorney. At that point, it often becomes necessary to bring a (very expensive) guardianship proceeding.

Even when we prepare our tailored Powers of Attorney here at Schneider, Garrastegui & Fedele PLLC, I still have to have conversations with banks, at least once a week, to clarify and/or persuade legal teams to accept a POA. Entities are just very reluctant nowadays to accept something that's not their standard form due to improper employee training or the fear of being brought into interfamily litigation.

If you or someone you love is contemplating getting a Power of Attorney, don’t be penny wise and pound foolish.

Consult with a qualified Elder Law Attorney to get it done right from the start.

Michael J. Fedele, Esq.
SCHNEIDER, GARRASTEGUI & FEDELE PLLC
135 Pinelawn Road
Suite 110 South
Melville, NY 11747
(P) 631-756-6006

Share This Blog

Ask A Question,
Describe Your Situation,
Request A Consultation

Call (631) 756-6006 or fill out the short form below. We will usually respond within one business day and often the same day. Don’t hesitate. Your questions are welcome!

* Required Fields
Your Information Is Safe With Us

We respect your privacy. The information you provide will be used to answer your questions or to schedule an appointment if requested.

Follow Us On

135 Pinelawn Rd #250s, Melville, NY 11747
Questions or Schedule An Appointment? Click to Call (631) 756-6006

Contact Us

Schneider, Garrastegui & Fedele PLLC

Hours of Operation

Mon-Fri 9am to 5pm
Clients first entrusted us to help them with their estate planning and elder law issues over 30 years ago. Since then, we have expanded our practice to include real estate, but our focus continues to be on assisting clients with some of the biggest issues they will face in their lives.

© Copyrights 2022. Schneider, Garrastegui & Fedele PLLC. All Rights Reserved.

Sitemap

Powered by Law Firm Marketing Pros

The information you obtain at this site is not, nor is it intended to be, legal advice. You should consult an attorney for advice regarding your individual situation. Contacting us does not create an attorney-client relationship.

chevron-down linkedin facebook pinterest youtube rss twitter instagram facebook-blank rss-blank linkedin-blank pinterest youtube twitter instagram