Planning Ahead with Confidence
Health Care Proxy & POA Lawyer in Queens, NY
Life can change in an instant. Illness, injury, or incapacity can leave you unable to make important financial, legal, or medical decisions. Without proper documents in place, your family may be forced to go to court for guardianship: a stressful and time-consuming process.
What Are Powers of Attorney & Health Care Proxies?
Together, these documents protect your future and your family’s peace of mind by ensuring decisions are made by people you trust, not by the courts.
- Power of Attorney (POA): Authorizes a trusted person (your “agent”) to handle financial, business, and legal matters on your behalf.
- Health Care Proxy: Appoints someone to make medical decisions if you cannot communicate your wishes.
Without these documents, critical decisions may be left in the hands of judges or medical providers instead of your chosen representative.
When Should You Create These Documents?
It’s always best to act before a crisis arises. You should consider a POA and health care proxy if:
- You are planning for retirement or long-term care
- You are undergoing surgery or a major medical procedure
- You want to prepare for possible incapacity due to illness or aging
- You want assurance that your financial and medical wishes will be respected
Why Hire a Lawyer for POA & Proxies?
DIY forms often fail to meet New York’s strict legal standards. Errors can invalidate your documents, leaving your family unprotected. My office ensures:
Compliance
Documents are valid and enforceable under New York law
Clarity
Your agent’s authority is clearly defined, avoiding future disputes
Accuracy
Your healthcare and financial wishes are documented exactly as you intend
Disputes Involving POA & Health Care Proxies
Unfortunately, disagreements sometimes arise regarding powers of attorney or proxies. Richard Cary Spivack provides skilled representation in:
- Contested POA Authority: Defending or challenging the validity of an agent’s powers
- Claims of Abuse or Misuse: Addressing allegations of financial exploitation or poor decision-making
- Healthcare Decision Conflicts: Resolving disputes among family members over medical choices
When mediation isn’t possible, I provide assertive representation in court to protect your rights and your loved one’s wishes.
You ask, I answer
Frequently Asked Questions
What’s the difference between a power of attorney and guardianship?
A POA is chosen voluntarily while you still have capacity. Guardianship is court-ordered when someone is already incapacitated.
Who should I choose as my agent?
Pick someone trustworthy, responsible, and capable of handling legal, financial, or medical matters on your behalf.
Can I revoke or change my POA or health care proxy?
Yes. As long as you have capacity, you may revoke or update these documents at any time.