Tag Archives: Power of Attorney

Prepare Your Affairs and Survivors

Much of the thought we put into financial planning and preparing for retirement is self-focused: How much do I need to retire? Am I saving enough? However, when we die, our survivors will have some important decisions to make about our finances. Putting our affairs in order now can make a difficult time for them a little less uncertain.
prepare your affairs and survivors

Organize Your Documents

The first step to putting your affairs in order is collecting all the assorted records, certificates and other paper work in a secure place. You’ll also want to write down names and phone numbers for any friends or business associates who could be helpful (like your attorney, accountant, financial planner, insurance agent or the executor of your will).

Our form, Where My Assets Are (VO1848), can help your survivors find these important documents. Fill it out, then review it and update it regularly.

Talk to Your Loved Ones

You may not feel comfortable discussing death with your friends and loved ones. However, all the preparation in the world won’t do you any good if you keep your plans a secret.

  • Once you’ve collected your files and put together a list, let your potential survivors know where it is. It’s important that they know where your assets and documents are.
  • Review your finances with your loved ones, including your children.
  • Make sure your beneficiaries understand that it can take up to 13 weeks between notification of your death and payment of any death benefit or the beginning of any continuing benefit (if you selected an option that provides a continuing benefit). Death benefits cannot be paid until we have a certified death certificate. Make sure we have correct addresses for your beneficiaries.
  • Discuss your funeral and burial preferences, and let your family know about any arrangements you have already made.
  • Work with an attorney to prepare a will or trust.
  • Consider advance directives, such as a durable power of attorney, living will, health care proxy or do-not-resuscitate order. If you have minor children, be sure to name a guardian for them in the event of your death. If you have a child with a disability, it’s a good idea to consult a professional who can help you navigate complex Medicaid and Medicare rules. You may also want to consider the NY ABLE program.

Finally, let your potential survivors know about our publication, Getting Your Affairs in Order and A Guide for Survivors. The second half is full of guidance on what to do and who to contact if a loved one dies.

Power of Attorney

Power of AttorneyThe NYSLRS Special Durable Power of Attorney form allows you to designate someone else to act on your behalf regarding retirement benefit transactions. The person you designate, referred to as an “agent,” could be your spouse, another family member or a trusted friend.

Why is this important? Under normal circumstances, NYSLRS won’t release your benefit information to anyone else without your permission — even to your spouse. With a power of attorney (POA) on file, we would be able to discuss your benefits with the agent you appointed.

The NYSLRS POA form is specific to retirement transactions and meets all New York State legal requirements. You may want to designate a power of attorney in case of emergency, hospitalization or unexpected illness, but you don’t have to wait until something happens before you file a NYSLRS POA form.

What Can Your Agent Do?

The NYSLRS form is for a “durable” POA, which means the person you designate can act for you if you become incapacitated. But the NYSLRS POA form only covers Retirement System transactions. It does not authorize your agent to make health care decisions for you or make changes to your Deferred Compensation plan.

Your agent can get account-specific information about your benefits by phone, email or mail. Your agent can request copies of documents in your retirement file or update your address or phone number. If you are still an active member, your agent can also take out a NYSLRS loan or file a retirement application for you. If you are retired, the agent can change the amount of taxes withheld from your pension.

Special Authority

If you use NYSLRS POA form, and your agent is your spouse, domestic partner, parent or child, they will have “gifting authority.” That means they can direct deposit money into a joint bank account, designate or change your death benefit beneficiaries, or choose a retirement payment option that provides for a beneficiary after your death.

If you wish to assign gifting authority to an agent who is not your spouse, domestic partner, parent or child, you must indicate that you want your agent to have the ability to designate him or herself as a beneficiary. This can be done in the “Modifications” section of the NYSLRS POA form.

Find Out More

A power of attorney is a powerful document. Once you appoint someone, that person may act on your behalf with or without your consent. We strongly urge you to consult an attorney before you execute this document.

You can also find information on the Power of Attorney page on our website.