Update on Remote Notarization and Witnessing:
The Executive Orders allowing for remote notarization and witnessing of documents expired on June 25, 2021. All executions are now in person, pending further legislation.
New Power of Attorney Laws In Effect As Of June 13, 2021:
The New York State General Obligations Law setting forth the provisions relating to Powers of Attorney has been amended effective June 13, 2021, providing for a drastic change to the Power of Attorney law and enacting a new Statutory Short Form Power of Attorney. The Statutory Gifts Rider, formerly required to be executed simultaneously with the Power of Attorney to convey gifting authority to the Agent(s), has been eliminated and any desired gifting authorities must be included in the Modifications Section of the Power of Attorney. The new form must be notarized and witnessed in its entirety by two witnesses not named as Agent(s) or permissible recipients of gifts. Previously executed Powers of Attorney completed in accordance with the laws in effect at the time of execution will be grandfathered in and remain valid. Most significantly, damages and attorney's fees for banks and other institutions or third parties who unreasonably reject properly executed statutory Powers of Attorney are now in place. Please contact us if you wish for us to review your previously executed Power of Attorney or to help you complete a new Power of Attorney on the new form in compliance with the new laws.
We are here to safely assist you with your planning needs.
Now into the second half of 2021, we are working on-site and are available to consult with clients, new and old. We are welcoming vaccinated clients into our office, with all COVID-19 safety protocols being followed and with office spaces disinfected between client appointments. Remote consultations via video conference are also available for anyone who is not vaccinated or who wishes to meet virtually. We can assist you with the preparation and execution of your planning documents, including: Last Wills and Testaments, Trusts, Powers of Attorney, Deeds, Health Care Proxies, Living Wills, Nominations of Guardian, and other documents to suit your individual planning needs. We offer asset protection strategies and assist with Medicaid planning and applications. We represent clients in all aspects of Guardianship matters, as well as Probate and Administration.
FINKEL & FERNANDEZ, LLP
At Finkel & Fernandez, LLP., our co-founding partners, Fern J. Finkel and Julie Stoil Fernandez, bring decades of experience in elder law, estate planning and special needs planning and advocacy to our clients.
We offer a wide variety of services and practical planning instruments for the protection of older adults, persons with disabilities and their loved ones. We work closely with clients and their families to plan for future financial and personal safety through estate and asset protection planning, special needs trusts, Medicaid and benefits planning, and advance directives including wills, trusts, powers of attorney, health care proxies, living wills and other planning instruments. We represent clients in Article 81 guardianship proceedings, and are frequently appointed by the Courts as Court Evaluator, as Counsel to the Alleged Incapacitated Person, and as Guardian.
We offer our counsel on long term care placement, benefits planning, financial options, and legal issues facing the elderly and disabled, with an eye towards maximizing our clients' independence and ability to remain at home. We take pride in our commitment to compassionate listening and to protecting vulnerable seniors and disabled persons.
WE REPRESENT CLIENTS IN ALL COUNTIES OF NEW YORK CITY AS WELL AS NASSAU, SUFFOLK AND WESTCHESTER COUNTIES.
NOW PROVIDING ONLINE/ REMOTE/ VIDEO AND OR TELEPHONE CONSULTATIONS.