Blog Archives

The Importance of a Well Crafted POA (Part 2)

            Last week we were talking about the importance of a well drafted power of attorney or looking at it from the flipside, the problems caused by an inartfully drafted one.              Two recent examples in our office highlight the dangers.  In the first case, we drafted the client’s power […]

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The Aide that Moved Right in (Part 2)

Last week I was telling you about Sue, who called about her 90 year old aunt, Amelia. Amelia had hired a home health aide through what she thought was a home health agency. Sue recently learned that the aide had taken Amelia to an attorney who prepared legal documents designating the aide as her agent […]

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The Bank Says I Need Guardianship For Mom (Part 2)

The bank told Mary they would not honor her mother’s power of attorney (POA),  designating her as agent.  They instead insisted she would need to apply for guardianship.  Last week, I told you that the bank’s position violates New Jersey law. Why?  Because they did not have a specific reason for refusing to honor Mary’s […]

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The Bank Says I Need Guardianship For Mom

Mary presented to the bank the power of attorney (POA) we had prepared and Mom signed in our office 2 years ago.  It was a general durable power of attorney, giving Mary the ability to do banking on Mom’s behalf as well as other actions she might need to take in the future, such as […]

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Your Child is Turning 18 – What Does it Mean? (Part 3)

Last week we were discussing when it is appropriate for a parent to apply for guardianship of a child who turns 18.  But, what if guardianship isn’t suitable?  There is another option, called conservatorship.   Conservatorship is sort of a middle ground between a guardianship and power of attorney.   There is no determination of incapacity […]

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Your Child is Turning 18 – What Does it Mean (Part 2)

Last week we were discussing an issue which many parents are unaware of, the fact that they no longer have the legal right to make financial and medical decisions on their child’s behalf once he/she turns 18.  A power of attorney and health care directive can be a good solution.  But, they aren’t the perfect […]

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A Power of Attorney Gone Wrong (Part 2)

Last week we were discussing John Potter’s plight.  He executed a power of attorney in favor of his daughter and she transferred the home to herself, without his knowledge, even though the document didn’t give her the power to do so.  Then, why didn’t he get his house back? The news reports of the case […]

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I’ve Got Power of Attorney – Why Do I Need Guardianship? (Part 3)

Last week I told you that we had filed an application on behalf of Catherine, who was seeking an appointment as guardian for her dad, Jerry.  Catherine was very nervous that Jerry would fight it or that he would be angry with her for pursuing it. Nevertheless, she gave us the go ahead.  Her only […]

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I’ve Got Power of Attorney – Why Do I Need Guardianship? (Part 2)

Last week I was telling you about Catherine and her dad, Jerry.  As a result of a recent fall, Jerry was hospitalized.  His health care directive, because it had been completed incorrectly, was useless and he refused to reveal to Catherine where his power of attorney could be found.  We were faced with the possibility […]

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I’ve Got Power of Attorney So Why Do I Need Guardianship? (Part 1)

Catherine called concerning her dad, Jerry.  He had always been difficult “but Mom was able to deal with it”, she said.  “Since Mom died, however, things have gotten worse.”  Catherine faxed over to me her dad’s power of attorney and health care directive for me to examine.  But the conversation quickly turned to talk of […]

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