Understanding The STAR New York State Tax Relief Program

Suppose you’re helping care for an aging parent or loved one. In that case, you may already know how overwhelming the Responsibilities can be, including managing medications, keeping track of doctor appointments, and ensuring that bills are paid on time. But what happens when your loved one can no longer make financial or legal decisions for themselves? That’s where a Power of Attorney comes in. In New York, a Power of Attorney (POA) is a legal document that allows someone to act on another person’s behalf in financial and legal matters. It’s one of the most essential tools for caregivers—but also one of the most misunderstood. Let’s walk through the essentials of Power of Attorney, what’s changed under recent New York law, and how it can protect caregivers and their loved ones. What Is a Power of Attorney? A Power of Attorney is a written document where one person (called the principal ) grants another person (called the agent ) the authority to handle their financial and legal decisions. Once signed, the agent can act within the limits set by the document. Why Caregivers Shouldn’t Wait Many people think they can wait until something happens before creating a Power of Attorney. Unfortunately, by the time a loved one is no longer able to make decisions, it may be too late. Without a valid POA in place, caregivers might have to undergo a lengthy and costly guardianship process just to obtain the authority to handle basic financial matters like: Paying bills Accessing bank accounts Managing insurance claims Handling Medicare or Medicaid paperwork Establishing a Power of Attorney now—while your loved one is still mentally able to do so—can save time, money, and stress later. Types of Powers of Attorney in New York There are a few types of POA documents, but the most common for caregivers is the Durable Power of Attorney . Let’s break it down: 1. Durable Power of Attorney This remains valid even if the principal becomes mentally incapacitated. This is the type most caregivers need, as it ensures continuity during a medical crisis. 2. Non-Durable Power of Attorney This is usually used for specific transactions, such as selling a home, and it terminates if the principal becomes incapacitated. 3. Springing Power of Attorney This only takes effect under specific conditions—usually when the principal becomes incapacitated. What the New York POA Law Changed In 2021, New York State revised its Power of Attorney laws to make the process simpler and more accessible for caregivers and seniors. These updates took effect on June 13, 2021. Here are the key changes that matter: Simplified Form: The old form was long and complex. The new version is easier to understand and complete. Elimination of Exact Wording Requirement: Previously, any deviation from the statutory wording could invalidate the POA. The law now allows for “substantial conformity.” Witness Requirement: The new form must be signed in front of a notary and two witnesses. Sanctions for Financial Institutions: Banks that unreasonably refuse to honor a valid POA can now face penalties. These changes were implemented to cut red tape and help families avoid unnecessary legal hurdles—something every caregiver can appreciate. What Powers Does an Agent Have? The POA document clearly states what the agent is authorized to do. These powers can be broad. or restricted, based on the principal's preferences. Some common powers include: Writing checks and paying bills Managing retirement accounts Buying or selling real estate Handling tax matters Applying for government benefits like Medicaid Accessing digital accounts In New York, there is a separate section called the Statutory Gift Rider . If the agent is permitted to make gifts or transfers of the principal’s assets—including Medicaid planning transfers—this section must be completed and signed separately. Caregivers should always consult with an elder law attorney before granting gifting powers, especially when planning for long-term care. Choosing the Right Agent Trust is everything. A Power of Attorney grants another person access to your money, property, and personal affairs. That’s why it’s so important to select an agent who: Is responsible and financially stable Understands your wishes and values Can keep clear records Will act in your best interest It’s also wise to name a backup or successor agent in case the first person can’t serve. For caregivers, the agent is often a child, spouse, or sibling—but think carefully before taking on this role. It involves a legal obligation to act honestly, responsibly, and in the best interest of the principal. Common Mistakes to Avoid Here are a few pitfalls we see too often: ❌ Waiting too long: Once someone loses capacity, they can no longer legally sign a POA. At that point, the only option might be guardianship. ❌ Using a generic online form: Each state has its own requirements. A “one-size-fits-all” POA from the internet might not meet New York’s legal standards. ❌ Not including the Statutory Gift Rider: If you plan to do Medicaid planning or transfer assets, this must be specifically authorized. ❌ Not notifying the agent: Simply signing the document isn’t enough. Make sure your chosen agent is aware of where the original is kept and understands their responsibilities. How to Create a Power of Attorney in New York Meet with an elder law attorney: a qualified attorney can draft a POA tailored to your loved one’s situation and ensure all legal requirements are met. Sign in the presence of a notary and two witnesses: New York requires both for validity. Store the original in a secure yet accessible place: Share certified copies with the agent and financial institutions if necessary. Consider signing multiple orginal documents. Review the document regularly: Life changes—so should your POA. Review it every few years or after significant life events. Final Thoughts: Don’t Wait for a Crisis If you’re a caregiver, helping your loved one establish a Power of Attorney is one of the kindest—and most practical—actions you can take. It enables you to handle their affairs legally and shields both of you from unnecessary difficulties. Every situation is unique. At The Law Offices of Robin Burner Daleo , we’re here to help families on Long Island understand their options and develop a solid plan. Whether you’re just starting out or need to update an old POA, we’re ready to guide you through it. Frequently Asked Questions (FAQs) 1. Does a Power of Attorney give me control over medical decisions? No. A financial Power of Attorney only covers financial and legal matters. To make medical decisions, your loved one would need a separate document called a Health Care Proxy. 2. Can I create a Power of Attorney for someone with dementia? Yes, as long as the person understands what the document means. Your attorney can assess this. 3. Do banks have to accept a Power of Attorney? Yes—if the POA meets New York’s legal requirements. Banks can request to review the document and may ask for a recent copy, but they cannot unreasonably reject a valid POA under the new law. 4. Can a Power of Attorney be revoked? Yes. As long as the person who created it is mentally competent, they can revoke it at any time. Revocations should be made in writing and shared with all relevant institutions.

A Power of Attorney is typically effective once signed, and the Principal does not need to be incapacitated for the Agent to act.

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Why Everyone Needs A Will One of the most common questions we hear as estate planning attorneys is “do I need a Will ?” Some people think if they do not have a house or a large estate, or a complicated distribution, they may not need a Will. The reality is almost everyone should have a Will. This article will discuss some of the most important reasons why you should consider adding a Will to your estate plan. Thankfully, if you pass away without a Will, it does not mean your family will not receive your assets. The laws of intestacy create a list of presumed beneficiaries for those that die without a Will. For a married person with no children, the law provides that the surviving spouse inherits everything. For a married person with children, the law provides that the spouse receives the first $50,000 and half the remaining estate, with the other half of the estate going to the children, in equal shares. For unmarried individuals, the estate would be distributed to their parents, if surviving, or to their siblings, if the parents are not surviving. The list goes on to more remote relatives.  However, relying on the laws of intestacy ignores the desires of those who may want to deviate from what the law presumes you would want. Additionally, just as the law presumes the individuals who would inherit your estate , the law also creates an order of priority as to who would serve as the fiduciary of the estate. This is known as the Administrator of the estate. For unmarried individuals with children, the law states that any child can serve, creating a potential for conflict if multiple children want to serve and disagree with how to manage the administration of the estate. The laws of intestacy do not offer any planning for disabled or underage beneficiaries, or those who may have creditor issues. If you pass away and one of your heirs is a disabled person receiving means-based government benefits, they may lose their benefits as a result of inheriting from your estate. Similarly, if a child under the age of 18 inherits from your estate, they are unable to hold property without an adult being appointed as a guardian. Once they reach the age of majority, the guardian must turn over the remaining assets regardless of their maturity level, or ability to manage the assets. This can have disastrous results. The laws of intestacy also do not provide for the opportunity for any estate tax planning. If your estate is valued at larger than the current New York estate tax exemption, there are planning opportunities available in your Will to leave more assets tax free to the remainder beneficiaries after your spouse. However, without a Will this opportunity is lost. Executing a Will avoids these issues. You can clearly state who should manage your estate, known as an Executor, and who the intended beneficiaries are with customized provisions. You can also provide language that ensures that whoever you name as the executor need not purchase a bond offering savings to the estate and incorporate estate tax planning. Lastly, you can provide provisions for what should happen in the event that a beneficiary is disabled, has creditor issues or underage. You can also nominate your choice of guardian or trustee for these individuals. While having a Will prepared by an attorney comes with a cost, the long-term benefits of having a well thought out estate plan are immeasurable.

When considering your estate planning it is important to consider any beneficiaries who may have special needs or disabilities.

The Countdown Begins: Preparing for the TCJA Sunset in Estate Tax As the Tax Cuts and Jobs Act (TCJA) approaches sunset at the end of 2025, significant changes loom, particularly in estate tax planning . This pivotal shift, which will reduce the estate tax exemption limits, requires meticulous preparation to safeguard one's assets. This comprehensive guide delves into the implications of the TCJA sunset on estate tax and outlines strategies to navigate these changes effectively. Understanding the TCJA Sunset The TCJA, enacted in 2017, introduced substantial changes to the U.S. tax code, including a temporary increase in estate tax exemption limits. These enhancements, however, are set to expire on December 31, 2025, unless Congress takes action to extend them. Post-sunset, the estate tax exemption limits will revert to pre-TCJA levels, significantly impacting estate tax planning strategies. Why the TCJA Sunset Matters The impending reduction in estate tax exemption limits is a critical concern for individuals with substantial estates. Currently, the exemption limit stands at approximately $12.92 million per individual, but it is expected to decrease to around $5.49 million (adjusted for inflation) once the TCJA sunsets. This change could expose many estates to federal estate taxes, necessitating proactive planning to minimize tax liabilities. Key Components of Estate Tax Planning To effectively prepare for the TCJA sunset, several essential components of estate tax planning must be considered: 1. Reviewing Current Estate Plans A thorough review of your existing estate plan is imperative. Assess how the reduced exemption limits will impact your estate and identify areas that require adjustments. Consult with an estate planning attorney to ensure your plan is aligned with the forthcoming changes. 2. Gifting Strategies One of the most effective strategies for mitigating estate taxes is gifting. Consider using the current high exemption limits to transfer assets to beneficiaries now, thereby reducing the taxable portion of your estate. 3. Trust Structures Incorporating trust structures, such as irrevocable trusts, can provide significant tax advantages. Trusts can help manage and protect assets, ensuring they are distributed according to your wishes while minimizing estate tax exposure. 4. Life Insurance Policies Life insurance policies can serve as a valuable tool in estate tax planning. Policies held within an irrevocable life insurance trust (ILIT) can provide liquidity to cover estate taxes, ensuring that other assets are preserved for your heirs. Exemption Limits and Their Implications The reduction in estate tax exemption limits post-TCJA sunset will have profound implications for estate planning: 1. Increased Tax Liability With lower exemption limits, a greater portion of estates will be subject to federal estate taxes. This increase in tax liability necessitates strategic planning to minimize the financial impact on your heirs. 2. Estate Valuation Accurate estate valuation becomes crucial under the new limits. Ensuring that all assets are appropriately valued and documented can prevent potential disputes and additional tax burdens. 3. Planning Flexibility The changing landscape underscores the importance of flexibility in estate planning. Adopting strategies that can be adjusted as tax laws evolve will provide greater security and peace of mind. Navigating the TCJA Sunset: Practical Steps Proactively preparing for the TCJA sunset involves a series of practical steps: 1. Consultation with Professionals Engage with estate planning professionals, including attorneys and financial advisors, to review and update your estate plan. Their expertise can help navigate the complexities of the changing tax environment. 2. Lifetime Gifts Utilize the current high exemption limits to make lifetime gifts. This strategy not only reduces the taxable portion of your estate but also allows you to witness the benefits of your gifts during your lifetime. 3. Charitable Giving Incorporate charitable giving into your estate plan. Donations to qualified charities can reduce your estate's taxable value while supporting causes important to you. 4. Trust Reassessment Reassess your existing trust structures and consider establishing new ones if necessary. Trusts can offer significant tax benefits and provide a controlled mechanism for asset distribution. Legal Considerations in Estate Tax Planning Navigating the legal intricacies of estate tax planning requires careful attention: 1. Updating Legal Documents Ensure all legal documents, including wills and trusts, are updated to reflect the impending changes in exemption limits. Regular reviews will help maintain alignment with your estate planning goals. 2. Compliance with Tax Laws Stay informed about federal and state tax laws that may impact your estate. Compliance is crucial to avoid penalties and ensure the smooth execution of your estate plan. 3. Privacy and Confidentiality Maintain privacy and confidentiality in your estate planning documents. Sensitive information should be protected to prevent unauthorized access and potential disputes. Challenges in Estate Tax Planning Despite thorough planning, several challenges may arise in estate tax planning: 1. Legislative Uncertainty Legislative changes could add uncertainty to estate tax planning. Staying informed and flexible in your approach can help mitigate this risk. 2. Asset Liquidity Ensuring sufficient liquidity to cover estate taxes is a common challenge. Life insurance policies and strategic asset management can provide the necessary funds without liquidating essential assets. 3. Family Dynamics Family dynamics and potential disputes can complicate estate planning. Clear communication and detailed documentation can help prevent conflicts and ensure your wishes are honored. Best Practices for Effective Estate Tax Planning Adopting best practices can enhance the effectiveness of your estate tax planning: 1. Early Planning Begin planning early to take full advantage of current exemption limits and gifting strategies. Early planning allows for a more comprehensive and practical approach. 2. Regular Reviews Conduct regular reviews of your estate plan to ensure it remains aligned with your goals and the changing tax landscape. Periodic updates can address new assets, changes in family circumstances, and legislative adjustments. 3. Professional Guidance Seek professional guidance to navigate the complexities of estate tax planning. Attorneys, financial advisors, and tax professionals can provide invaluable insights and tailored strategies. The TCJA sunset presents a critical juncture in estate tax planning, necessitating proactive measures to safeguard your assets and minimize tax liabilities. You can navigate these changes by understanding the implications of reduced exemption limits and implementing strategic planning. Prepare for the TCJA sunset and protect your estate. Contact The Law Offices of Robin Burner Daleo for expert guidance in estate tax planning and exemption limit strategies. Ensure your assets are safeguarded, and your estate plan is robust. Schedule a consultation now! FAQs What is the TCJA sunset? The TCJA sunset refers to the expiration of certain provisions of the Tax Cuts and Jobs Act at the end of 2025, including the temporary increase in estate tax exemption limits. Post-sunset, these limits will revert to pre-TCJA levels, affecting estate tax planning strategies. How will the TCJA sunset affect estate tax exemption limits? The TCJA sunset will significantly reduce estate tax exemption limits, from the current level of approximately $12.92 million per individual to around $5.49 million (adjusted for inflation). This reduction will increase the portion of estates subject to federal estate taxes. What strategies can help mitigate estate taxes? Strategies to mitigate estate taxes include utilizing lifetime gifts, establishing trust structures, incorporating charitable giving, and leveraging life insurance policies. Early planning and professional guidance are crucial to effectively implementing these strategies. Why is flexibility necessary in estate tax planning? Flexibility is essential in estate tax planning to adapt to changing tax laws and family circumstances. Adopting strategies that can be adjusted over time provides greater security and ensures your estate plan remains effective.

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