NYS Power of Attorney-Senate Bill S3923 (Safe Harbor Provisions)

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Re: NYS Power of Attorney-Senate Bill S3923 (Safe Harbor Provisions)

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First thing we do, let's kill all the lawyers.

— William Shakespeare

Henyr IV, Part 2

 

 

 

 

 

 

 

 

"The buck stops here." Harry S Truman
"I don't take responsibility at all." Donald J. Trump
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NYS Power of Attorney-Senate Bill S3923 (Safe Harbor Provisions)

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NYS-The End of the Peoples Power of Attorney: Senate Bill S-3923/ Assembly Bill A-5630.

This Bill will effectively make any non-attorney drafted POA document illegal and its' agents.

Every third party will require a certification by an Attorney-at-Law; mandated paid by Principal.

Any Attorney-at-Law will be reluctant to certify any POA document they did not personally draft.

Only a POA document prepared by an Attorney-at-Law will be deemed legal by practice.

This is against the intent of NYS GOB Title 5 Section 1501. This statute was designed and legislated to give a non-attorney citizen the 'Power of Attorney' to act in anothrers' name, place and stead as the Principals' self or alter-ego in all matters authorized by the Principal and legislature. The POA statute was specifically  implemented to elevate a persons' need to employ a lawyer. The presumption the chosen POA/Agent would be esteemed. That one could chose a friend, family or loved one to do all their business as if the POA/Agent was the Principal.

The "Peoples" Power of Attorney legislative intent is being eroded away by members of the Bar and the Judiciary with case decisions in complete opposition of the legislatures intent of the law.

This is more apparent with GOB Title 5, Section 1502H: Claim and Litigation. As the legislative privilege to defend and/or prosecute any civil action before any court or tribunal for the Principal is being denied by "old school" assumptions that a non-lawyers are uneducated in law etc.

Recent developments by NYS unified Court System committees are making recommendations for an appropriate system to expand the role of non-lawyer advocates in the delivery of legal services. (See-NYS UCS Press Release May 28, 2013)

Narrowing the justice gap by non-lawyer practitioners is the movement by most Bar Associations and government entities and many others too numerous to cite here. But specifically note NY City Court Rules, Section 1815 which allows appearances by non-attorney representatives of ones choice for disabled and indigent people. Senate Bill  S-3923 should mimic said Section 1815.

As a non-attorney POA/Agent for a disabled indigent next - friend it has been a challenge.

STEENO

323314398S

 

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