Thank you for assisting a New Yorker with obtaining their life planning documents! Be sure to review the manual before you set out to draft your client’s documents. You should also review the Client Document Execution Instructions and all other materials in this library before drafting your client’s documents.
Power of Attorney
- Power of Attorney (Effective June 13th, 2021)
- Note: A new statewide statutory Power of Attorney form took effect on June 13th, 2021. Clients who executed a POA prior to June 13th, 2021 need not re-execute under the new form (unless they want to update or modify their existing POA.) If you did not attend our June 9th, 2021 Lunch and Learn session about the new POA form, please watch the recording of it here (35 minutes): https://youtu.be/htgf-ye3R_E.
- Revocation of Power of Attorney
- Power of Attorney (Spanish)
Last Will & Testament and Ancillary Documents
- Last Will and Testament (where Testator has minor children)
- Last Will and Testament (where Testator does not have minor children)
- Last Will and Testament (Spanish) (Testator does not have minor children)
Be sure to review the Special Language document – your client’s circumstances may require the inclusion of special language:
Don’t forget to draft an Affidavit of Attesting Witnesses to accompany the Last Will & Testament:
- Affidavit of Attesting Witnesses to the Last Will and Testament
- Affidavit of Attesting Witnesses to the Last Will and Testament with translation (where CL required to be orally translated)
- Affidavit of Attesting Witnesses to the Last Will & Testament (where reading and/or signing assistance occurred during in-person execution)
- Affidavit of Attesting Witnesses to the Last Will & Testament with reading and/or signing translation language
If your client seeks to disinherit their spouse, prepare a Waiver of Spousal Election:
Health Care Proxy
- Health Care Proxy
- Health Care Proxy (Spanish)
- The New York State Department of Health has the Health Care Proxy form available in the following additional languages (please staple to the English Version):
Living Will
- Living Will (Negative Options)
- Living Will (Affirmative Options)
- Spanish Living Will (Affirmative Options)
Appointment of Agent to Control Disposition of Remains
- Appointment of Agent to Control Disposition of Remains
- Appointment of Agent to Control Disposition of Remains (Spanish)
Standby Guardianship
- These documents are primarily for use where client has an imminent and chronic health diagnosis. Please consult your VOLS partnering attorney.
- Standby Guardianship (for clients with minor children)
- NYS Standby Guardianship for Future Care and Custody Resource
Affidavits of Translation/Reading/Signing
If your client does not speak English, affidavits of translation should be prepared for each document they execute:
If your client will require assistance with reading and/or signing their documents, affidavits regarding same should be prepared:
Affidavit of Reading (where CL required document to be read aloud due to visual impairment)
- Affidavit-of-Reading (and Signing) for Appointment of Agent to Control Disposition of Remains (AACDR)
- Affidavit-of-Reading (and Signing) for Health Care Proxy
- Affidavit-of-Reading (and Signing) for Last Will and Testament
- Affidavit-of-Reading (and Signing) for Power of Attorney
- Affidavit-of-Reading for Living Will
Affidavit of Signing (where someone helped CL sign due to physical/visual impairment)
- Affidavit-of-Signing Assistance for Appointment of Agent to Control Disposition of Remains (AACDR)
- Affidavit-of-Signing Assistance for Health Care Proxy
- Affidavit-of-Signing Assistance for Last Will and Testament
- Affidavit-of-Signing Assistance for Power of Attorney
Affidavit of Signing (where CL directed someone to sign on their behalf)
VOLS PRO BONO RESOURCE POLICY
The materials posted here are proprietary and were developed by VOLS for use by its pro bono attorneys. These materials are intended to be used by licensed attorneys who have been trained in the subject matter and who are properly supervised by VOLS or another expert in the field. By accessing the resources in the VOLS Pro Bono Library, you acknowledge that you are currently taking on a pro bono matter with VOLS, and that you will not share or use the materials in the library with anyone outside of your firm or use them for any other purpose. Please contact our Legal Director, Peter Kempner (pkempner@volsprobono.org), with any questions.