Lacy Katzen attorneys and support professionals remind you that we are here to help!  We remain committed to providing uninterrupted excellent client service during the Covid-19 crisis as we continue to do our part in protecting the health and well-being of our co-workers, family members and our community.  Read More
You are currently using Internet Explorer to browse our website. This website is best viewed by utilizing an alternate web browser as some features may not be visible.
HOME|CAREERS|ABOUT585.454.5650Search Icon
Banner Image Banner-ElderLaw.jpg

Durable Power of Attorney


Durable Power of Attorney

Durable General Power of Attorney is an important and potentially powerful document for elder care planning. The Power of Attorney allows a person (the “principal”) to grant another person (the “agent”) the authority to act on the principal’s behalf, to manage his or her assets, make legal decisions and enter into transactions with regard to both business and personal affairs (excluding decisions regarding healthcare that are covered by a separate document called a Health Care Proxy or MOLST). The agent, who must be an adult, is the principal’s fiduciary, meaning he or she must act according to the principal’s wishes, or if the principal becomes incompetent, act in the best interests of the principal.

Some considerations:
  • Because a Power of Attorney authorizes the agent to step into the shoes of the principal and, therefore, allows an agent to transfer, sell or dispose of property and otherwise manage his or her financial affairs, the agent should be a person the principal trusts implicitly.
  • The principal must understand the scope of authority he or she is delegating to another person.
  • The authority may include the power to make gifts of significant assets, to change beneficiary designations or to establish trusts.
  • The Power of Attorney is often an essential document used to accomplish asset protection and Medicaid planning.
  • New York State recently revised the Power of Attorney to include a Statutory Gifts Rider. Our attorneys will review an existing Power of Attorney to determine whether execution of a new Power of Attorney with Statutory Gifts Rider is recommended.
Home About OfficesFAQs Careers Recent Articles
Lacy Katzen LLP Attorneys at Law.
Site designed & developed by Scriptable Solutions.

Client Rights | Accessibility | Contact Us
Lacy Katze, LLP Logo in White

Main Office
Lacy Katzen Law Firm
600 Bausch & Lomb Place
Rochester, NY 14604

Open Monday - Friday
8:00am - 4:00pm
Facebook icon
LinkedIn icon
The "New York State Rules of Professional Conduct" establishes various criteria governing attorney advertising and solicitation. Pursuant to these rules, portions of this website may be considered ATTORNEY ADVERTISING.