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Incapacity and Guardianships in New York

posted Jan 5, 2014, 9:25 PM by Bryan Berson   [ updated Sep 13, 2014, 4:56 PM ]

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? Without a power of attorney (POA), who will handle your finances? How will your relatives access your accounts?

If you have executed a HCP or POA, your appointed agent could act immediately for you. If you can trust an agent to act responsibly, these documents will assist you. Because you require mental capacity to execute them, you should execute them before an emergency occurs.

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