An attorney-in-fact, also known as an agent or proxy, is a person appointed to act on behalf of another person, known as the principal, in financial, legal, or other matters. In New York, the appointment is made through a power of attorney document, which outlines the scope of the attorney-in-fact's authority. The attorney-in-fact's duties can range from managing the principal's finances to making healthcare decisions, and the extent of their authority can be broad or limited, depending on the principal's wishes. However, disputes can arise over the extent of the attorney-in-fact's powers, highlighting the importance of carefully drafting power of attorney documents and seeking legal guidance to resolve any questions or disputes. If you are involved in a dispute related to an attorney-in-fact or a power of attorney, contact an experienced New York attorney-in-fact lawyer at Stephen Bilkis & Associates.
Advantages of Appointing an Attorney-in-FactOne of the key advantages of appointing an attorney-in-fact is that it provides a mechanism for individuals to ensure that their financial and legal affairs are managed in the event that they become incapacitated or otherwise unable to manage them themselves. The attorney-in-fact can take care of a variety of tasks, such as paying bills, managing investments, and making healthcare decisions.
Considerations About Who to AppointHowever, it is important to carefully consider who is appointed as an attorney-in-fact and to ensure that the power of attorney document is properly drafted to reflect the principal's wishes. One important consideration is whether the attorney-in-fact should be a family member, friend, or professional. While family members and friends may be well-suited to the role, a professional may have more experience and may be better equipped to handle complex financial or legal matters.
Scope of AuthorityAnother important consideration is the scope of the attorney-in-fact's authority. The principal can choose to grant the attorney-in-fact broad powers to act on their behalf or more limited powers, depending on their needs and preferences. However, it is important to ensure that the power of attorney document is properly drafted to avoid any confusion or disputes over the extent of the attorney-in-fact's authority.
Disputes Over Attorney-in-fact’s AuthorityDisputes can arise over the extent of the attorney-in-fact's powers and whether certain actions are authorized under the power of attorney document. Because dispute can arise, it is of utmost importance to have carefully drafted power of attorney documents to ensure that the attorney-in-fact has the necessary authority to act on behalf of the principal. If you are involved in a dispute related to an attorney-in-fact, consult with an experienced New York attorney-in-fact lawyer.
Executing a Appointment DocumentAnother key consideration when appointing an attorney-in-fact is ensuring that the document is properly executed. In New York, a power of attorney document must be signed by the principal in the presence of a notary public and two witnesses. If the document is not properly executed, it may be deemed invalid, which can cause significant problems if the attorney-in-fact needs to take action on the principal's behalf.
In addition, it is important to regularly review and update the power of attorney document to ensure that it reflects the principal's current wishes and circumstances. This is particularly important if there are changes in the principal's financial or legal situation or if there are changes in the laws governing powers of attorney.
Contact Stephen Bilkis & AssociatesAn attorney-in-fact plays an important role in helping principals manage their financial and legal affairs. However, disputes can arise over the extent of the attorney-in-fact's authority, and it is important to carefully draft power of attorney documents to ensure that the attorney-in-fact has the necessary powers. If there are any questions or disputes, it is important to seek legal guidance from an experienced attorney-in-fact attorney serving New York to help resolve the issue. A knowledgeable and experienced attorney can help principals and attorneys-in-fact navigate the legal landscape and ensure that the principal's wishes are carried out. Contact us at 800-696-9529 to schedule a free, no obligation consultation regarding your case. We represent clients in the following locations: Manhattan, Long Island, Nassau County, Queens, Brooklyn, Staten Island, Suffolk County, Bronx, and Westchester County.