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What steps do i need to take to get power of attorney for my 18 year old multiply disabled son

New York Mills, NY |

i need to get power of attorney for my son, he is 18 years old amd is moderenty learning disabled and has CP.
I dont know if i need a lawyer to help handle this. I am on limited income and only recieve disablitie payments do to back injuries. Could you please instruct me as to the best way to get POA, with little or no attorney fees,

Thank you

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Attorney answers 2


You can purchase a power of attorney form at any legal stationery store - make sure it is the correct form, as it changed this year. You would prepare it and your son would have to sign it in front of a notary and possibly two witnesses, depending upon the use you are proposing. You should know that certain financial institutions will not accept a poa unless it is on "their" form, even though this is of doubtful legality.


Your son needs to have the capacity to appoint an agent or attorney-in-fact under a POA. If he does not have capacity, you will need to establish a guardianship or conservatorship - depending on the laws in your state. Although I am not licensed in New York, I am sure that there is a legal aid service that you can utilize. You can contact the local bar association, the state bar association, or a legal aid department in a law school for low/no cost assistance.

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