Views: 67
Many people believe that once they’ve signed a will, their estate plan is finished and their family is protected no matter what happens to them. That belief is one of the most common misconceptions I encounter in my Forest Hills practice, and it is also one of the most costly, because a will does absolutely nothing to protect you while you are still alive.
A Will Does Not Protect You While You’re Alive
A will only takes effect after death. If you suffer a stroke, develop dementia, or are seriously injured in an accident, your will has no authority to help your family manage your affairs while you are still living. Bills still need to be paid, your Forest Hills co-op or home may need maintenance decisions made, and your bank accounts still need to be accessed. Without a separate Power of Attorney naming someone to act on your behalf, none of that can happen automatically, even for a spouse or adult child.
Guardianship in Forest Hills Means Queens County Surrogate’s Court
When a family has no Power of Attorney to rely on, the fallback is a guardianship proceeding in the Queens County Surrogate’s Court. I have guided Forest Hills families through this process, and it is rarely quick or inexpensive. It requires a formal petition, court appearances, and often a court-appointed evaluator, all before a judge decides who will manage your finances. For a full picture of your options, I recommend reading my guide to New York Power of Attorney law, which walks through exactly what this document should include.
What a Power of Attorney Actually Covers
That is why I advise every Forest Hills client to sign a durable Power of Attorney at the same time as their will, not years later. This single document lets you choose, while you are healthy, exactly who will pay your bills, manage your investment accounts, deal with your mortgage or co-op board, and handle your taxes if you become unable to do so yourself. It removes the guesswork and the courtroom delay entirely.
Forest Hills Residents Should Act While They Can
Whether you live near Austin Street, the Forest Hills Gardens, or anywhere else in the neighborhood, a Power of Attorney only works if it is signed before a crisis, not after. Once a person is found legally incapacitated, it is often too late to execute a valid one, and guardianship becomes the only remaining path. A short conversation today can spare your family a long one in court later.
If your loved one became incapacitated without a Power of Attorney in place, contact Roman Aminov today for a free phone consultation.
Contributed by Dan Rose, a local business writer specializing in Estate Law services in New York City.
Roman Aminov Estate Law firm of Queens
147-17 Union Tpke, Kew Gardens Hills, NY 11367, United States
P59P+93 Kew Gardens Hills, Queens, NY, USA
Visit The Estate Attorney In NYC Official Site
Get directions to this featured business now by using the Map Link below.
