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Revised New York Power of Attorney– Why Should Single Parents Care?

Published on September 17, 2009 by Debrina Washington

Summary of New Power of Attorney Law

On September 1st, 2009, an amended New York Power of Attorney (POA) law became effective.   The new “durable” (form remains in effect, even in the event of incapacity) POA places additional requirements on both the principal and the agent.   In fact, the agent is required to sign and date the POA along with the principal’s signature and date.  NY General Obligations Law Section 5-1501A. It has yet to be determined whether the agent and principal need to occur simultaneously.

Contract Signing

Contract Signing

New POA and Single Parents

So, the real issue is why should single parents care? That’s easy.  As single parents, we might have given a POA to an ex-spouse.  Note: If you’ve granted a POA for yourself to an ex-spouse, effective July 7th, 2008, the POA was automatically revoked after divorce under EPTL 5-1.4.  Therefore, you should executea a new POA, immediately. 

It’s perfectly natural for married couples to execute POAs in favor of each other.  But, as single parents, that option is not available for us.  Single parents might name a parent, sibling or an older child.  Some considerations might be the age of a child or a parent.  I love my mother dearly, but, let’s face it, she’s aging.  I might want to consider someone a little closer to my own age.  Also, if you decide to choose your child, consider the child’s maturity along with his/her age.  The law states that an agent must have “capacity” which means that an agent must comprehend the ability to revoke, execute, amend or modify the POA.  NY General Obligations Law 5-1501.  Personally, my little guy is too young to consider signing anything besides the walls (my little Picasso!) But, in about 15 years, he might be a great option.

You should consider the factors mentioned and many others when executing a New POA under New York Law.  Should you have additional questions, please feel free to register on our site and we’ll be happy to help.

Stay Tuned for Part II: Statutory Major Gifts Rider (”SMGR”).

Categories: Estate Planning, New York Power of Attorney, Single Parents Tags: , Comments (0) »

Work- Life Balance: What?!!! What’s that?!!

Published on July 25, 2009 by Debrina Washington

The American Bar Association’s Law News Now section recently posted an article entitled “Jack Welch: Women Take Time Off for Kids at their Peril.” (link). This happens to be a topic that is near and dear to my heart for one very important reason, my son. The catalyst for starting my own virtual law practice was the flexibility I not only wanted, but needed to have with my little guy. You see, my son was a sickly little thing. He had and still has very severe allergies and pretty severe eczema.

I often found that my son’s frequent illnesses had to compete with my work. I was embarrassed to request time off or to work from home. After further inspection, I noticed that the majority of my department was young, single and childless. While it was impossible for me to work 12 hours a day, it was normal course of business for the rest of my department.

Aside from Mr. Welch, Former General Electric CEO’s point of view, the article also noted a completely different perspective. Chantal Kouda, a partner at Cleary Gottlieb Steen & Hamilton, was able to take 5 months off after the birth of each of her three children. She made partner, but it took her longer. Kudos to Cleary! My guess is that Chantal is the exception to the rule, especially in larger law firms.

It’s no surprise to me that claims of Family Responsibility Discrimination are on the rise. An employee with familiar responses may be less appealing or desirable to certain employers. At the end of the day, one might be forced to sacrifice either their home life or their work life; therefore, sadly, I agree with Mr. Welch that real balance doesn’t seem to exist. My work makes me a better mother, just as motherhood makes me a more diligent business owner. I don’t believe one should have to choose. I certainly hope that workplaces across the country will alter their mindset and encourage flexibility in the near future.

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Family Responsibility Discrimination and Its Effect on Single Parents

Published on July 25, 2009 by Debrina Washington

Women represent an overwhelming number of people who file Family Responsibility Discrimination (FRD) claims. FRD is workplace discrimination against employees based on their responsibilities to their family. Today, workers are often charged with taking care of their children and elderly parents at the same time. To date, Alaska and the District of Columbia are the only states that have laws outlawing Family Responsibility Discrimination.

Working women, particularly minority women, face unique challenges in the workplace, having to consider the needs of their families first, as well as the needs of their employer. Single parents, who are often not only primary care-giver providers but the sole providers, may feel even more pressure and fear of discrimination based on their family responsibilities.

I, for one, can definitely see how this could happen. I’ve been lucky as a single, working parent. I had great bosses who always allowed me the flexibility to put my son first. My son was a pretty sickly little child, so the number of doctor’s appointments I had to attend was WHEW, crazy, to put it mildly. I required a lot of sick and personal days for things like school closures or daycare trips or general sick days. It never seemed to end. Thanks to a flexible work schedule, I often worked from home when it was an absolute necessity. It was a privilege, but I was always uncomfortable about asking.

In 2007, the EEOC issued guidance surrounding discrimination against employees with care-giving responsibilities on the basis of sex, disability or other characteristics protected by federal employment discrimination laws. In May 2009, the EEOC issued a supplement to the guidelines on care-giving responsibilities, which gives management some guidance on how to proceed in order to avoid Family Responsibility Claims.

The guidelines include:

  • Develop and disseminate and adhere to a strong Equal Employment Opportunity (EEO) Policy
  • Ensure that recruitment, hiring and promotion decisions are based on an applicant’s qualifications; Review employment policies and practices on a regular basis.
  • Monitor employee compensation systems and encourage job flexibility and alternative work arrangements (i.e. job sharing, telecommuting, part-time schedules) whenever possible.

Single parents should take every opportunity to maintain open communication with their employers, regarding their personal responsibilities to their children. In turn, employers should ensure that all employment policies and practices are free of discrimination. Employers should offer as much flexibility as possible, without sacrificing the quality of the work. Additionally, employers should maintain an updated employment policy manual and disseminate it to their employees.

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Permanent Guardianship— Who Could Permanently Replace ME?

Published on July 25, 2009 by Debrina Washington

I mean I’m the holy grail of single mothers, do-it-all, multi-tasking writer of blog posts, dinner cooker, clothes ironer, tucking the baby into bed of single mothers, if I haven’t mentioned that yet already (YEAH RIGHT). Who could possibly replace ME?? Seriously, I start to sweat when I think about someone raising my son, similar to the way I would. After all, I am a major Type A personality (if you haven’t already been able to tell.) Here are some things to consider when choosing permanent guardians (always designate at least 2) for your children:

Religious Affiliation- I mean I don’t go to Church often, but I certainly watch Joel Osteen every Sunday and then I turn up the Tunes and listen to a little Gospel on my way to the grocery store. Everyone experiences spirituality differently. But, if something were to happen to me, I would want Baby J to be raised by someone with the same or similar religious affiliation as me.

Family Make-Up:

Does your guardian have children, a significant other or pets? Although, I would be fine with a family who had a mom and dad because after all, my baby has a very close relationship with both parents, my child is allergic to everything, but air. Stress aggravates his allergies. I wouldn’t want him to be faced with complete culture shock by tossing him into a family that has A LOT going on versus our mostly-quiet home. Pets would probably drive him crazy. He would probably attempt to smack the dog or cat and he’d sneeze constantly. No guardian with pets for sure for me.

Career Choice:

If J could completely formulate thoughts and ideas, he’d probably prefer to live with someone who didn’t have a 5 year plan to change the world, such as myself. I’m always busy and sometimes, my little guy gets a little shorted on time because of it. But, don’t cry for him because I make up for it, by being over the top with him, every single chance I get.

I’d love for J to be raised by someone who could strike a real balance in life, between their personal and professional lives. His guardian wouldn’t be able to have a career where they travel often and if they had to travel at times, I would expect for J to go along.

J’s guardian would have to have flexibility at work because unfortunately, he gets sick often and requires a lot of doctor’s appointments, not to mention the fact that, not unlike his mother, he’s over the top at times and requires lots of personal attention. J can’t live with a workaholic.

There are lots of other considerations to contemplate when choosing a guardian. This blog post just scratches the surface. I plan to revisit this important topic in the future. Please feel free to add a comment and tell me about the other things you’ve considered when appointing legal guardians for your children.

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Temporary Guardianship—Questions A Single Parent Might Ask Regarding Choosing a Guardian?

Published on July 25, 2009 by Debrina Washington

Let me say up front that my journey down the road of preparing for my son’s future, in the event of my untimely death, was wrought with trepidation. You see I’m one of those people that begin contemplating my own immortality each time I hear of a close family member who unfortunately, met an untimely death. As a single parent, it’s especially scary. I mean, who could possibly take care of my child in a manner in which I see fit. (Probably no one because I’m overbearing and too much sometimes, even for my own self)!

The journey of choosing a guardian seemed as familiar to me as the journey of choosing appropriate godparents for my son. There were plenty of times I forgot all about it and moved on to something else because seriously, who wants to think about leaving their child. I thought about my friends and family being in different stations of their life. Some have kids and husbands, others have kids and no husbands, others have no kids and no husbands, and then others are just a hot mess. But I digress.

I recently had the pleasure of viewing Alexis Martin Neely’s video clip entitled “Choosing Guardians for Your Kids,” from her website Wear Clean Underwear Book. Alexis mentioned that parents should appoint a temporary (interim) guardian who lives within 20 minutes of your home, to allow time for a permanent guardian to get to the children. I discussed Alexis’ advice with several of my friends and the biggest question raised regarding temporary guardianship was:

What if I don’t know someone I trust who lives within 20 minutes of me?

This is an important question. You see, for me, it wasn’t an option to move away from my family. I mean, it wasn’t an option. My family lives within a 1 mile radius of each other and it’s accepted that even moving to another borough will be unacceptable with my Grandmother, the matriarch of the family. Nevertheless, others do not have the same family pressure, so they’ve made the brave decision that I’m too chicken to do.

So my best advice is to find someone you trust who lives close by, with the mindset that this person will not be able to make any financial decisions for you or your child (unless you say so.) Consider your child’s classmate’s family, Sunday school teacher, or just a really nice neighbor. Also designate more than one temporary guardian, just in case the other predeceases you, moves or becomes unavailable for some other reason.

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Why I Started My Own Law Practice

Published on July 25, 2009 by Debrina Washington

According to Families and Living Arrangements: 2006, released by the US Census Bureau, there were 12.9 million one-parent families in 2006 — 10.4 million single-mother families and 2.5 million single-father families. In the future, these figures are expected to grow.

The idea to start my own law practice, DL Washington Law, arose after the birth of my beautiful son, now 22 months old. As a single mother, I thought it was absolutely impossible to own my own business. I thought about health insurance and job security, but then I realized what I sacrificed everyday by working for someone else and missing out and ,often, having to make the decision on whether or not to attend a doctor’s appointment or a fruitless meeting.

Although, I provide a variety of unbundled legal services, the focus of my practice is single parents. I am an undying champion and advocate for those of us who do not have another parent to assist with the load that comes with raising children, for one reason or another. What I hope to achieve in this blog as well as in my legal practice is to offer real-life assistance to single parents as well as modest-income New Yorkers seeking legal assistance, in a non-judgmental forum. I look forward to interacting with fellow New Yorkers in the future.

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