A recent report by the Alzheimer’s Association stated that one in nine older Americans has Alzheimer’s disease.1 Based upon these numbers, it is clear that Alzheimer’s disease, dementia or cognitive disorders will likely touch our personal and professional lives. Proper estate planning, like the execution of a power of attorney, can assure that a trusted agent is able to manage the practical and financial tasks that arise if someone becomes incapacitated.
This article focuses on one of the many powers granted to an agent in the New York statutory short form power of attorney related to claims and litigation. New York General Obligations Law 5-1502H further clarifies how that language must be construed. This article details some of the practical issues and concerns that may occur in the context of using a power of attorney to conduct litigation strategy, or how to proceed when there is no power of attorney in place.
Capacity to Sue
This content has been archived. It is available through our partners, LexisNexis® and Bloomberg Law.
To view this content, please continue to their sites.
Not a Lexis Subscriber?
Subscribe Now
Not a Bloomberg Law Subscriber?
Subscribe Now
LexisNexis® and Bloomberg Law are third party online distributors of the broad collection of current and archived versions of ALM's legal news publications. LexisNexis® and Bloomberg Law customers are able to access and use ALM's content, including content from the National Law Journal, The American Lawyer, Legaltech News, The New York Law Journal, and Corporate Counsel, as well as other sources of legal information.
For questions call 1-877-256-2472 or contact us at [email protected]
