The VOLS Elderly Project and Veterans Initiative applauds the passage of NY Senate Bill S3923A which, among other things, would make obtaining a Power of Attorney more accessible to elderly and disabled New Yorkers. Now that the bill has passed both houses of the New York State Legislature, we would like Governor Cuomo to know the impact this important reform measure will have on our clients.
One of the vital reforms in this bill would allow a principal to direct someone in their presence to sign a Power of Attorney on their behalf, and would make this critical vehicle available to scores of physically disabled New Yorkers who retain their mental capacity but are physically unable to sign the document.
We have seen many situations in which a client could benefit from the ability to have someone else sign for them. We recently worked with a senior who as a result of a stroke was left as a functional quadriplegic. While he had extremely limited use of his extremities, he was still able to speak and communicate his wishes. The client, along with his wife, and adult son, had resided in the same rent stabilized apartment for over 3 decades. Their lease had expired and the landlord sent a renewal lease to him as required by law. The client was limited in his ability to physically sign the lease and the landlord refused to allow anyone else to sign on his behalf. The landlord then began to threaten the family with eviction. After consulting with the client, it was clear that a Power of Attorney would allow an agent to sign the lease on his behalf. We visited the client in the rehabilitation facility where he was staying and he clearly communicated to us that he wanted to execute a durable power of attorney and he wished to name his son as his agent. The client struggled to initial the document – a power of attorney requires the person executing it to write their initials multiple times. The process left our client frustrated and exhausted. His initials and signature were indecipherable. While we believe this power of attorney is valid, if it is not honored, the family will have no other choice than to commence an Article 81 Guardianship proceeding in court – a lengthy and invasive process that strips a person of their rights and autonomy. Had our client been able to direct someone to sign and initial the document on his behalf, as envisioned in this legislation, this risk could be easily avoided.
Powers of Attorney are an important vehicle for elderly and disabled New Yorkers to avoid guardianships and empower their caregivers to carry out their wishes. We should be doing everything needed to make this tool available to those who need it most.
In support of NY Legislative Bill S3923A, VOLS has recently been asked to submit a notice of memorandum. As of this update, the letter has been submitted to Governor Cuomo for his consideration. You can download and read the full memo here. Reforms to obtaining Power of Attorney documents are a necessary step to aiding elderly and disabled New Yorkers, and we fully hope that the governor will recognize such needs.