Revocable Living Trust in Kings Point, Long Island

Understanding Power of Attorney in Long Island

Estate planning is a vital aspect of preparing for the future, ensuring that your assets are protected and distributed according to your wishes. One of the most effective tools for achieving these goals is the revocable living trust. This legal instrument provides individuals with the flexibility and control over their assets during their lifetime, while also offering a seamless transition of those assets to their heirs upon their passing.

At Marchese & Maynard, LLP, we focus on estate administration, asset protection, and elder law. Our attorneys' years of experience in these areas are a major benefit to our clients in Kings Point, Long Island, and surrounding areas. As part of our commitment to providing comprehensive legal services, we recognize the importance of educating our clients and the community about the various aspects of estate planning, including the power of attorney within the framework of a revocable living trust.

Realizing Revocable Living Trusts

Revocable Living Trust Overview

A revocable living trust is a legal entity created during an individual's lifetime to hold their assets. The person who creates the trust, known as the grantor, typically also serves as the initial trustee, maintaining full control over the trust and its assets. This level of control distinguishes the revocable living trust from an irrevocable trust, as the grantor retains the ability to amend, modify, or revoke the trust at any time during their lifetime.

Assets placed within the trust are managed for the grantor's benefit, with clear instructions for their distribution upon the grantor's passing or incapacity. Given its flexibility and comprehensive nature, a revocable living trust is a valuable estate planning tool that offers privacy, continuity of management, and potential tax benefits.

The Role of Power of Attorney

Power of Attorney within a Revocable Living Trust

One crucial element of a well-structured revocable living trust is the inclusion of a power of attorney. This legal document designates a trusted individual, known as the attorney-in-fact or agent, to act on behalf of the grantor in managing their affairs if they become incapacitated or are otherwise unable to make decisions.

In the context of a revocable living trust, the power of attorney serves as an integral component of the grantor's comprehensive estate plan. It ensures that someone can step in and manage the trust and its assets if the grantor is unable to do so due to illness, injury, or other incapacitating circumstances.

Types of Power of Attorney

Different Types of Power of Attorney

In estate planning, there are various types of powers of attorney, each serving different purposes. A durable power of attorney remains effective even if the grantor becomes incapacitated, allowing the agent to continue managing the trust and other financial affairs on the grantor's behalf.

A springing power of attorney, on the other hand, only comes into effect when a specific triggering event occurs, such as the grantor's incapacity. Both types of power of attorney are valuable tools in ensuring that the grantor's wishes are carried out if they are unable to act on their own behalf.

Benefits of Incorporating Power of Attorney into a Revocable Living Trust

Advantages of Including Power of Attorney in a Revocable Living Trust

By combining a power of attorney with a revocable living trust, individuals can enjoy several benefits, including:

Continuity of Management: The designated attorney-in-fact can seamlessly take over the management of the trust and its assets, ensuring that financial matters are handled without disruption in the event of the grantor's incapacity.

Avoidance of Court Intervention: Without a power of attorney, if the grantor becomes incapacitated, a court might need to appoint a guardian or conservator to oversee the grantor's affairs. By including a power of attorney within the revocable living trust, the grantor can proactively designate a trusted individual to manage their affairs, thereby bypassing potential court involvement.

Maintaining Privacy: A revocable living trust, when properly structured with a power of attorney, can help maintain the confidentiality of the grantor's financial and estate affairs. This can be especially important for individuals who value privacy and wish to avoid public proceedings related to their estate.

Empowering Healthcare Decisions: In addition to financial matters, the power of attorney can also include provisions for making healthcare decisions on behalf of the grantor, ensuring that their medical and healthcare preferences are honored.

Seeking Legal Guidance

Consulting with an Experienced Estate Planning Attorney

As with any aspect of estate planning, incorporating a revocable living trust and power of attorney requires careful consideration of individual circumstances and objectives. Consulting with an experienced estate planning attorney is essential to ensure that the trust structure, including the power of attorney provisions, aligns with the grantor's specific needs and goals.

The attorneys at Marchese & Maynard, LLP, bring a wealth of experience and expertise to the realm of estate planning, asset protection, and elder law. With a deep knowing of New York state laws and regulations, our firm is well-equipped to guide clients in Kings Point, Long Island, and beyond through the complexities of revocable living trusts and the inclusion of power of attorney provisions.

The core message

In the realm of estate planning, a revocable living trust stands out as a versatile and comprehensive tool for managing and distributing assets. When combined with a well-crafted power of attorney, individuals can enhance the effectiveness of their estate plan, ensuring continuity and security for themselves and their heirs.



Realizing the nuances of revocable living trusts and power of attorney provisions can be complex, making it essential to seek guidance from knowledgeable legal professionals. As individuals in Kings Point, Long Island, and the surrounding areas explore their estate planning options, consulting with an experienced attorney at Marchese & Maynard, LLP, can provide the necessary insights and tailored strategies to create a robust and effective estate plan.