Common Misconceptions About Power of Attorney & Healthcare Proxy in New York

Many people in Brooklyn, Bensonhurst, Gravesend, and beyond assume that once they’ve signed a Power of Attorney (POA) or Healthcare Proxy (HCP), their loved ones will have full authority to handle everything even after they pass away or in any medical emergency. This is not true.

There are many misunderstandings about what a POA or Healthcare Proxy can and cannot do. Failing to understand the limits of these documents can lead to unexpected legal complications, financial risks, and medical decision-making roadblocks.

This guide clears up some of the most common POA and HCP myths, helping you make informed legal decisions—and ensuring your loved ones have the right tools to act when needed.

Myth #1 – A Power of Attorney (POA) Stays in Effect After Death

Reality: A POA Ends Immediately When the Principal Dies.

One of the biggest misconceptions about a Power of Attorney is that it allows someone to continue managing finances after the principal passes away.

✔ A POA is only valid while the principal (the person who created it) is alive.
✔ Once the principal dies, the POA is automatically revoked.
✔ The executor of the estate (appointed in a will) takes over financial responsibilities.

📌 Fact: If you need someone to handle your affairs after death, a Last Will & Testament or a Trust is required.

Myth #2 – A Healthcare Proxy & POA Are the Same Thing

Reality: A POA Handles Finances, While an HCP Handles Medical Decisions.

Many people assume a Power of Attorney allows their agent to make healthcare decisions if they become incapacitated. This is incorrect.

✔ A Power of Attorney only applies to financial and legal matters.
✔ A Healthcare Proxy gives someone the authority to make medical decisions.
✔ To fully protect yourself, you should have both a POA and an HCP in place.

📌 Tip: Our firm can draft both documents to ensure your finances and medical care are covered.

Myth #3 – A Spouse or Child Automatically Has POA or HCP Rights

Reality: Without a POA or HCP, Even Spouses & Children May Need Court Approval.

Many assume that if they become incapacitated, their spouse or adult child can automatically make decisions for them. However, without legal documentation, this is not guaranteed.

✔ Banks, insurance companies, and government agencies may refuse to work with family members without a POA.
✔ Hospitals may require court intervention if no Healthcare Proxy exists.
✔ In some cases, families are forced to file for guardianship—an expensive and time-consuming process.

📌 Solution: Executing a POA and HCP now can prevent these issues. Our firm can ensure your documents are legally sound and enforceable.

Myth #4 – A Power of Attorney Gives Unlimited Power

Reality: A POA Can Be Limited or Broad Depending on How It’s Drafted.

Some people fear that signing a Power of Attorney means giving up all control over their finances. Others assume a POA allows their agent to do anything they want. Neither is true.

✔ You can specify exactly what powers your POA grants.
✔ A "Limited POA" only grants authority over certain matters (e.g., selling a house).
✔ A "Durable POA" remains in effect even if you become incapacitated.

📌 Fact: A well-drafted POA protects you while giving your agent only the necessary authority.

Myth #5 – A Healthcare Proxy Allows Immediate Medical Decision-Making

Reality: A Healthcare Proxy Only Takes Effect When the Principal Is Incapacitated.

A Healthcare Proxy does not allow someone to override your wishes while you are still capable of making your own medical decisions.

✔ It only becomes active if you cannot communicate your medical preferences.
✔ Doctors must legally assess incapacity before the proxy takes effect.
✔ You can change or revoke your Healthcare Proxy at any time.

📌 Tip: Discuss your healthcare preferences with your chosen proxy so they can make informed decisions if needed.

Myth #6 – POA & HCP Documents Are Only for the Elderly

Reality: Every Adult Should Have a POA & HCP, Regardless of Age.

Many people believe that Powers of Attorney and Healthcare Proxies are only needed for seniors or those with serious health conditions. However, these documents are essential for anyone over 18, especially if:

✔ You travel frequently or live alone.
✔ You have financial assets or own property.
✔ You want someone you trust to handle your affairs in an emergency.

📌 Fact: Accidents and medical emergencies can happen at any age. Having a POA and HCP ensures your loved ones can act on your behalf when needed.

Need a Legally Sound POA or Healthcare Proxy? Call a Brooklyn Attorney Today

Misconceptions about Power of Attorney and Healthcare Proxy can lead to costly mistakes and delays in care and financial management. Whether you need to create, update, or clarify your legal documents, our firm is here to help.

✔ Flat fees for drafting POA and HCP documents – No hidden costs.
✔ Competitive rates for estate planning & guardianship matters – Affordable, professional guidance.
✔ Local experience in Brooklyn, Bensonhurst, and Gravesend – Ensuring compliance with New York law.

📞 Call or email us today to schedule a consultation: 347-692-0222 | 7622LAW@gmail.com