Yes, it is true that New York State law provides specific language to be used in a Durable Power of Attorney, but there are many reasons why a person would want to have an attorney prepare the form and oversee the signing of the form.
First, the document can potentially give broad authority to your agent. You should be sure that you completely understand the document, and that you have any questions answered by an attorney, as the document advises on the first page.
Second, the document is rather complicated, without an attorney advising you, you are at risk to incorrectly complete, initial, and sign the document.
Third, there are powers that an agent may need in the future which are not listed and can not be granted by using the statutory form. Specifically, an Elder Law attorney would add many powers specific to your situation, or as may be required in the future. As an example, without additional provisions, your agent may not have the power to preserve assets in the context of Medicaid planning or proceed with tax planning to minimize estate taxes. The cost of not having a qualified Elder Law attorney prepare the power of attorney would seriously outweigh the cost of retaining an attorney to do so.
