Category Power of Attorney

Using Agents in Your Business

February 6, 2014 · by · in Agency, Agent, Contracts, Employment, Fiduciaries, Fiduciary Duty, Negotiation, Power of Attorney · Leave a comment

by Bryan Lane Berson, Esq. Agency describes the relationship between a principal and an agent who acts on the principal’s behalf. Common principal-agent relationships include employer-employee, client-attorney, and property owner-real estate agent relationships. In business negotiations, people use agents for a variety of reasons. For example, in a negotiation, if there is personal tension between […]

Incapacity and Guardianships in New York

December 24, 2013 · by · in Elder Law, Estate Planning, Guardianship, Health Care Proxy, Living Will, Power of Attorney, Seniors · 4 Comments

by Bryan Lane Berson, Esq. If you become physically or mentally incapacitated due to injury or illness, who will act on your behalf? Without a health care proxy (HCP), who will consent to surgical procedures for you? Without a living will, how will your doctor know your preferences with regard to end of life decisions? […]

Elder Law and Medicaid Planning for Nursing Care in NY

November 30, 2013 · by · in Advance Directive, Elder Law, Estate Planning, Guardianship, Home Care, Lombardi program, Medicaid, Medicare, Nursing Home, Power of Attorney, Seniors, Trusts · 6 Comments

by Bryan Lane Berson, Esq. A. Introduction An estate plan implements documents to administer and transfer property and delegate decision-making authority. In other columns, I discussed trusts, wills, powers of attorney, health care proxies, and living wills. Elder law and Medicaid planning are a special form of estate planning. In New York, 58 separate districts […]

Choosing Fiduciaries for Estate Plans

January 29, 2013 · by · in Advance Directive, Estate Administration, Estate Planning, Fiduciaries, Guardianship, Health Care Proxy, Letters Testamentary, Living Will, Power of Attorney, Probate, Trusts, Wills · 5 Comments

by Bryan Lane Berson, Esq. Typically, an estate plan contains several documents.  Wills, trusts, powers of attorney (“POA”), and health care proxies (“HCP”) fulfill different functions.  They appoint one or more people to carry out different responsibilities.  Collectively, these people are known as “fiduciaries.”  A fiduciary has a legal duty to act for the benefit […]

Powers of Attorney In New York

November 18, 2012 · by · in Advance Directive, Estate Planning, Guardianship, Health Care Proxy, Living Will, Power of Attorney · 7 Comments

by Bryan Lane Berson, Esq. A power of attorney (“POA”) is an extremely powerful document. A principal uses it to authorize an agent to make financial or business decisions for the principal. A principal can authorize an agent to handle, among other things, (a) real estate, (b) goods and personal property, (c) bonds, stocks, and […]