How to change my power of attorney to my daughter in NY during divorce?

Question

I am seeking to change my power of attorney from my husband, whom I am divorcing, to my daughter, who oversees my healthcare. I have been diagnosed with Bipolar disorder, and my daughter has been instrumental in managing my medications, which has helped me avoid hospitalization. My daughter suggested proceeding with the divorce in August. I recently moved to Greenwood Lake from Las Vegas, where I previously consulted with an attorney. How can I transition the power of attorney to my daughter under these circumstances?

Stephen Bilkis · Answer

I understand how important it is to have someone you trust managing your affairs, especially during a divorce and while addressing health needs. In New York, changing your power of attorney (POA) is a relatively straightforward process, even if you are in the middle of a divorce. As long as you are mentally competent at the time of execution, you have the legal right to revoke your existing POA and appoint a new agent of your choosing. 
 
To begin, you will need to execute a new New York Statutory Short Form Power of Attorney, which became effective with updates as of June 2021. This document allows you to name your daughter as your new agent and specify the powers you want her to have, including authority over finances, legal matters, and other personal affairs. If you also want her to make decisions related to your health care, you must execute a separate document called a Health Care Proxy, which is specifically designed for medical decision-making in New York. 
 
Once the new power of attorney is signed and properly witnessed and notarized, it will supersede the one naming your husband. It’s important to clearly state in the new document that all prior powers of attorney are revoked. You should also notify your husband and any institutions (like banks or doctors' offices) that relied on the original POA that it is no longer valid. 
 
Even though you’ve been diagnosed with bipolar disorder, as long as you are currently capable of understanding the nature and consequences of the documents you are signing, your diagnosis will not prevent you from changing your POA. If there is ever a question about your capacity, your daughter or a future attorney may recommend a letter from a treating physician affirming that you were competent at the time of signing. 
 
It would be helpful to consult with a New York attorney familiar with estate planning or elder law to ensure the forms are completed and executed correctly. Since you recently moved to Greenwood Lake, you should use New York-specific documents to avoid any issues with recognition or enforcement. 
 
This response is for general informational purposes only and does not constitute legal advice. For personalized guidance, please consult a qualified attorney licensed in New York.

Q: How to change my power of attorney to my daughter in NY during divorce?