1. If you have a Durable Power of Attorney, fill out a new form as soon as possible and write in “Power to create and fund trusts," if you have not already assigned this power in your existing form. If you do not assign this power, your power of attorney will likely not be able to establish a pooled income trust or an asset trust if you are incapacitated and need to create such a trust in order to get Medicaid benefits.
2. When filling out a new Power of Attorney form, use the new New York Statutory Short Form Power of Attorney, issued on July 28, 2009. Power of Attorney forms signed after September 1, 2009, must be this new form in order to be valid and recognized (form and addendums attached).
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