Name of incapacitated person




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GUARDIAN'S POWERS UNDER ARTICLE 81
NOTE: PLEASE SUBSTITUTE NAME OF INCAPACITATED PERSON FOR ANAME OF INCAPACITATED PERSON@
PROPERTY MANAGEMENT POWERS
a) Transact any banking business including establishing checking accounts, savings accounts, certificates of deposit, collecting, negotiating, depositing, withdrawing, endorsing checks, drafts, or any negotiable instrument and any incidental powers related thereto.
b) Prosecute, defend, settle, and maintain any cause of action, arbitration, or civil judicial proceeding. Any settlement for the payment or receipt of more than $10,000 shall require the approval of the Court. The authorization provided for in this subdivision shall terminate upon the death of (Name of Incapacitated Person) and the appointment of an executor or administrator.
c) Marshal all income and assets, and exercise the necessary incidental powers to effectuate such power including the power to open and inventory safe deposit boxes, and the power to redirect and open any and all mail directed to (Name of Incapacitated Person).
d) Prepare, complete, and sign all tax returns, and pay the tax due as shown by said returns; appear on behalf of (Name of Incapacitated Person) before Federal, State and Local taxing authorities; prosecute, defend and settle all tax claims, litigation, assessments and levies relating to any taxing authority or any type of tax.
e) Establish, terminate, change or complete any transaction regarding pension retirement incentives, IRA/Keogh/SEP and similar plans, programs and annuities.
f) Compromise, forgive, collect, prosecute, pay, and settle bills and debts with creditors and debtors.
g) Endorse, collect, negotiate, deposit and withdraw Social Security, pension or annuity benefit checks.
h) Apply, negotiate, prosecute and settle actions, claims and arbitrations for government entitlements and benefits of all kinds with any governmental administration or agency. Any settlement for the payment or receipt of more than $10,000 shall require the approval of the Court.

i) Provide support for persons dependent upon (Name of Incapacitated Person) for support whether or not (Name of Incapacitated Person) is legally obligated to provide that support.


j) Convey, release or assign contingent and expectant interests in property, both real and personal, including marital property rights and any right of survivorship incidental to joint tenancy or tenancy by the entirety or tenancy in common, upon authorization of the Court.
k) Convey, release or assign any other interests of (Name of Incapacitated Person) in tangible personal property with a value less than $1,000.

l) Exercise or release powers held by (Name of Incapacitated Person) as trustee, personal representative, guardian for a minor, guardian for donee, or power of appointment.


m) Enter into, rescind, assign, repudiate any and all contracts.
n) Create revocable or irrevocable or supplemental needs trusts of property which may extend beyond the incapacity or life of (Name of Incapacitated Person) with the terms thereof to be approved by the Court.
o) Exercise any right to an elective share in the estate of (Name of Incapacitated Person)=s deceased spouse.

p) Renounce or disclaim any interest by testate or intestate succession or by inter vivos transfer consistent and pursuant to '2-1.11(d) of the Estates, Powers and Trusts Law upon authorization by the Court.


q) Authorize access to or release confidential records.
r) Invest funds of (Name of Incapacitated Person) as permitted by the prudent investor rule of section 11-2.3 of the Estates, Powers and Trusts law.
s) Retain attorneys, accountants, auctioneers, appraisers, property managers and real estate brokers and pay the necessary disbursements and fees for such individuals [in amounts not to exceed $ per year.] (If Guardian is an attorney, change to: Aupon authorization by the Court@.)
t) Pay or pre-pay the funeral expenses of (Name of Incapacitated Person).
u) Lease or mortgage real property for the benefit of (Name of Incapacitated Person).


v) Sell or purchase real property for the benefit of (Name of Incapacitated Person) upon authorization by the Court pursuant to Article 17 of the Real Property Actions & Proceedings Law.
w) File, prosecute, compromise and settle all personal and property insurance claims and all incidental powers related thereto necessary to effectuate this power, including without limitation the power to surrender insurance policies for cash value. Any settlement for the payment or receipt of more than $10,000 shall require the approval of the Court.
x) Exercise rights to elect options and change beneficiaries under life insurance or annuity policies owned by (Name of Incapacitated Person) upon authorization by the Court.
y) Pay bills after death, if the debts were incurred prior to death and if authority to pay any such bill would otherwise have existed, until a temporary administrator or executor is appointed.

PERSONAL NEEDS POWERS

aa) Determine who shall provide the personal care, health care and assistance for the personal needs and health of (Name of Incapacitated Person). To enter into contracts for the same and pay such persons, firms or corporations.


bb) Make decisions regarding social environment and other social aspects of the life of (Name of Incapacitated Person).
cc) Determine whether (Name of Incapacitated Person) should travel or should have a license to drive an automobile.
dd) Make decisions regarding education of (Name of Incapacitated Person) and participation in mental health programs and the necessary powers to implement such decisions.
ee) Consent to or refuse generally accepted routine or major medical or dental treatment. Treatment decisions shall only be made in accordance with (Name of Incapacitated Person)=s wishes, religious and moral beliefs, or if such are not known and cannot be ascertained with reasonable diligence, in accordance with (Name of Incapacitated Person)=s best interests, including consideration of the dignity and uniqueness of every person; the possibility and extent of preserving (Name of Incapacitated Person)=s life, the preservation, improvement or restoration of health or functioning, relief of suffering, and such other concerns and values as a reasonable person in (Name of Incapacitated Person)=s circumstances would consider.



ff) Consent to or refuse life sustaining treatment in accordance with the standards set out in the previous power (ee). In addition, decisions to withhold or withdraw life-sustaining treatment shall be made in conformity with the requirements of Public Health Law '2994-d.
gg) Choose the place of abode of (Name of Incapacitated Person), consistent with the Findings pursuant to Section 81.15 of the Mental Hygiene Law, including the power to move (Name of Incapacitated Person) to a nursing home or other residential facility as those terms are defined in the Public Health Law '2801, and consistent with the factors set forth in Section 81.22(a)(9) of the Mental Hygiene Law.







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