A complete estate plan is more than just a will or trust. To truly protect yourself and your loved ones, it’s important to have a full set of estate planning documents in place—especially ones that deal with your finances, healthcare decisions, and legal authority if you become incapacitated.
Here in Syracuse and Central New York, these documents help ensure your wishes are followed and spare your family from legal confusion or delays during difficult times.
1. Durable Power of Attorney (DPOA)
A Durable Power of Attorney allows you to legally appoint someone—called your “agent” or “attorney-in-fact”—to handle financial and legal matters on your behalf.
Why it matters:
- If you become injured, ill, or mentally incapacitated, this person can manage your bills, file taxes, access bank accounts, and make real estate or business decisions for you.
- “Durable” means it remains valid even if you become mentally incapacitated.
Key points for New York:
- You can choose a springing power of attorney (only goes into effect when you’re incapacitated), or immediate power of attorney.
- Without one, your loved ones may need to go to court to request guardianship, which is time-consuming and expensive.
2. Medical Power of Attorney (Health Care Proxy in NY)
In New York, this document is officially called a Health Care Proxy.
It allows you to designate someone to make medical decisions for you if you’re unable to speak for yourself.
Why it matters:
- In a medical emergency, doctors often need quick consent to perform treatment, surgery, or life-saving measures.
- Without a proxy, hospitals may turn to state laws or next-of-kin rules, which may not reflect your preferences.
What makes it different from a Living Will?
- A Health Care Proxy designates a person to make decisions.
- A Living Will (below) outlines your specific preferences for care.
3. Living Will (Advance Directive)
A Living Will—often called an Advance Directive—is a written document that outlines your wishes for end-of-life care.
You can specify:
- Whether you want to be kept on life support
- Preferences regarding feeding tubes, ventilators, resuscitation (DNR), etc.
- Religious or ethical preferences around medical treatment
Why it matters:
- Takes the emotional burden off your family
- Ensures your personal values and dignity are respected
While a Health Care Proxy speaks for you, a Living Will speaks for itself.
4. Beneficiary Designations
Not everything passes through your will or trust—some of the most valuable assets pass directly to beneficiaries listed on specific accounts.
These include:
- Life insurance policies
- Retirement accounts (401k, IRA)
- Pensions and annuities
- Transfer-on-death (TOD) brokerage accounts
- Payable-on-death (POD) bank accounts
Why this matters:
- These override your will. If you name someone in your will but list someone else as a beneficiary on a financial account, the account wins.
- Failing to update these after major life events (marriage, divorce, kids) can lead to costly mistakes or legal disputes.
We recommend an annual review of all designations as part of your estate planning checklist.
How We Help in Syracuse and Central New York
At Scott Cerio Law, we take a comprehensive approach to estate planning. That means not only helping you create wills and trusts, but making sure:
- All supporting documents are in place
- The right people are named as agents or proxies
- Your documents comply with New York State law
- You understand exactly what each one means and does
We also provide guidance on digital assets, powers of attorney for parents or adult children, and regular updates as life circumstances change.
Start Your Plan with Confidence
If you’re missing any of these documents—or not sure whether they’re still valid—it’s time to talk with a trusted estate planning attorney in Syracuse.
