Power of Attorney

Top 6 Legal Documents You Should Have In Place

A lot of people have some extra time on their hands these days. Being stuck in the house means there’s no excuse not to finally get around to some of those projects that you knew you needed to do, but just never could make yourself address.  If you’ve already done all the gardening, cleaning, and closet sorting in your house, maybe now you can take some time to get...

Selecting a Fiduciary

In most estate planning you will be called on to select five fiduciaries: the agent on your medical power of attorney; the agent on your statutory durable power of attorney, a guardian on your declaration of guardian; the executor of your will; and the trustee of any trust you create. For each of these positions my advice is to select the best qualified person for the job. There are some...

Documents You Absolutely Positively Must Have in Place

Do not take a vacation, leave for college, go through surgery or get on a small plane without having these documents in place and current.  A will.  This document can be simple or complex, but it should not be based on a form that you download from the internet.  Because a will is so important, you should be extremely careful on how it is drafted and executed. Helpful hint: you...

Great Ideas for Families: Preparation Goes a Long Way

This may sound harsh, but you need to do more for your family than just sign a will. You should also leave them a map to follow. How do you go about it? Prepare your executor.  You should have a list of all of your beneficiaries and professional advisors with their contact information. Tell your executor where you keep your original will. Tell your successor trustees where you keep your original...

Handling Estate Planning Documents: Who Gets What and When

Once you’ve inked your name on your estate planning documents, you may be tempted to throw them in a drawer at home and move on to your next project. That is not the best plan. Instead, think about when and how the documents will be needed and then act accordingly. Let’s start with your will.  After you are dead someone – probably your executor or a beneficiary – will need to take...

Cheer or Chore: Your To-Do List for 2019

Happy New Year and welcome to 2019! Enough merriment already.  It’s time to get off your arse and get some things done. First up, put away the holiday decorations.  If your stripped-down home leaves you depressed, then buy some Valentine’s Day stuff and scatter it about.  Target, Amazon, and Hallmark are anxious to be of help. Second, start the exercise and diet routines.  Try a change-up from last year and...

Dementia – Planning Ahead

According to the National Institute on Aging,  dementia is the loss of cognitive functioning (thinking, remembering, and reasoning) and behavioral abilities to such an extent that it interferes with a person’s daily life and activities. Dementia is more common as people grow older. Up to half of all people age 85 or older may have some form of dementia. As Elder Lawyers, we deal with dementia from a legal perspective. Estate planning...

An Agent for Change – Revised Power of Attorney Law Surprises 

The new law on the Durable Power of Attorney will surprise and dismay both principals and agents. Two brand-new sections focus on the appointment and authority of agents. One change provides that if two or more persons are appointed as co-agents, then each can exercise authority independently of the other agent. That means it only takes one of the agents to act. This provision is intended to give added flexibility to the...

Appointing An Agent to Manage Your Finances

So you need some help managing your financial affairs.  Let’s look at your options. A Power of Attorney is a document you sign that gives another person authority to handle all or some of your financial transactions.  In the Power of Attorney, you are the principal and the person you appoint is the agent.  The document describes the types of transactions the agent is authorized to handle. The Power of...

Your Estate Plan Should Include Your Social Media Sites

You’ve spent the time and developed a presence on Linked-In, Facebook, Twitter, and Instagram. You have profiles on your company website, your personal website and affiliated organizations. You have email addresses and blogs. So what happens to all of that when you die? You can create a written statement appointing someone as an “online executor” to handle your online identity. You may want to have the content removed, or your identity made part...
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