Westchester Power of Attorney
A Power of Attorney (POA) is one of the most important legal documents you can create as part of a complete estate plan. It allows you to designate someone you trust to manage your financial and legal affairs if you become unable to do so yourself. At Cavallo & Cavallo, we help individuals and families throughout Westchester prepare durable powers of attorney that ensure their interests are protected and their affairs stay in good hands—no matter what the future brings.
What Is a Power of Attorney?
A Power of Attorney is a written document in which you (the principal) authorize another person (the agent or attorney-in-fact) to act on your behalf. This can include managing bank accounts, paying bills, filing taxes, selling property, or handling business interests.
In New York, a Durable Power of Attorney remains effective even if you become incapacitated, making it an essential tool for planning ahead.
Why You Need a Power of Attorney
Without a Power of Attorney in place, your loved ones may have to go to court to be appointed as your legal guardian in the event of illness, injury, or incapacity. This can be time-consuming, expensive, and emotionally difficult.
Having a POA offers several advantages:
- Avoids the need for court-appointed guardianship
- Ensures someone you trust is in charge of your affairs
- Protects your financial well-being if you become incapacitated
- Allows uninterrupted management of business, property, or personal matters
- Makes it easier for family members to assist without legal barriers
We help Westchester residents prepare Powers of Attorney that are legally compliant, clearly written, and tailored to their personal and financial circumstances.
What Can an Agent Do Under a Power of Attorney?
You can give your agent broad or limited authority. Common powers include:
- Managing bank accounts and investments
- Paying bills and handling debt
- Selling or transferring real estate
- Managing retirement benefits
- Filing income or property tax returns
- Hiring professionals (e.g., attorneys, accountants)
- Making gifts (if authorized in the POA)
- Handling Medicaid or government benefit applications
You can also add custom instructions or limitations depending on your comfort level and specific concerns.
Types of Powers of Attorney
Durable Power of Attorney
This is the most commonly used POA in New York. It takes effect immediately upon signing and continues even if you become incapacitated. It can also be tailored to become effective only under certain conditions.
Springing Power of Attorney
Takes effect only upon a specific event, usually the principal’s incapacity. Less commonly used due to potential delays and uncertainty in proving incapacity.
Limited or Special Power of Attorney
Grants authority for a specific transaction or timeframe (e.g., selling a house while you’re overseas).
Statutory Short Form Power of Attorney
New York provides a standardized form that meets state legal requirements. We customize this form to fit your needs and include necessary modifications.
We explain each option and help you choose the format and structure that best fits your estate plan.
Choosing the Right Agent
Selecting the right person to act as your agent is essential. The person you name should be:
- Someone you trust without reservation
- Financially responsible and organized
- Capable of acting in your best interests
- Willing and available to serve if needed
Many people name a spouse, adult child, sibling, or trusted friend. You may also name co-agents or a successor agent to step in if your primary choice is unavailable.
We help you evaluate options and ensure your POA includes appropriate safeguards.
Powers of Attorney and Medicaid Planning
In the context of long-term care and Medicaid planning, a well-drafted Power of Attorney is critical. It allows your agent to:
- Transfer assets to a trust
- Apply for Medicaid benefits
- Re-title property as part of eligibility planning
- Access and manage financial accounts
Without these powers, it may be impossible for your family to complete planning on your behalf. We ensure your POA includes the necessary statutory gift rider required under New York law for asset transfers.
Frequently Asked Questions About Powers of Attorney
Does a Power of Attorney replace a Will or trust?
No. A POA is only effective during your lifetime. It ends upon your death and does not control the distribution of your estate.
Can I revoke or change my Power of Attorney?
Yes. As long as you are mentally competent, you can revoke or update your POA at any time.
Can my agent make medical decisions?
No. A Power of Attorney is for financial and legal matters. Medical decisions are handled through a separate Health Care Proxy.
Is a Power of Attorney valid if I move to another state?
Generally, yes—but it’s a good idea to review and update your documents when you change residency.
Do I still need a POA if I have a trust?
Yes. While a trust can manage certain assets, a POA is still needed for personal matters and assets not held in the trust.
Serving Throughout Westchester, NY
- Scarsdale
- Bronxville
- Larchmont
- Rye
- Chappaqua
- Pelham
- Armonk
- Mamaroneck
- Dobbs Ferry
- Tarrytown
How Cavallo & Cavallo Can Help
Cavallo & Cavallo has been serving Westchester residents with trusted estate planning services for over 30 years. We draft Powers of Attorney that are comprehensive, legally valid, and fully aligned with your broader estate planning goals.
Our services include:
- Preparing durable Powers of Attorney
- Advising on agent selection and co-agent structure
- Including Medicaid planning and gifting powers
- Coordinating with trusts, Wills, and advance directives
- Helping families understand and use existing POAs
We give you the tools and guidance to plan for the unexpected—and protect your interests at every stage of life.
Speak With a Westchester Estate Planning Attorney Today
Having a Power of Attorney is one of the most important steps you can take to safeguard your future. Contact Cavallo & Cavallo today to speak with an experienced Westchester estate planning attorney and create a Power of Attorney that gives you and your family lasting peace of mind.
