Estate Planning – Changing as We Age
    When I ask someone if they’ve got an estate plan in place – the basics being a will, power of attorney and health care directive, often the response is “yes, we took care of that a number of years ago”.     But, what many people don’t realize is that the
More Than Just Power of Attorney
           More often than not, the calls we receive in our office concerning a long term care crisis are made by one or more of the adult children of the senior in failing health. We ask whether there is a power of attorney in place which will legally permit a
The Importance of a Well Crafted POA
           As I have always told my clients, a power of attorney is as important, if not more important to you, as your will. Yet most people pay far more attention to the drafting of their will and give their POA little thought. How so?      Â
The aide that moved right in
Sue called regarding her 90 year old aunt, Amelia, who had a series of strokes. For the past 6 months she had a live in aide assisting her but it was what Sue told me about that aide which was so troubling. Amelia happened to mention that the aide took her
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
I’ve Been Named Agent Under POA – Now What Do I Do? (Part 2)
Last week we were talking about Harry and Wilma.  They designated me as their agent under power of attorney, asking me to take over handling their financial affairs. They moved into a nursing home and I now had to figure out how to pay for it. Harry and Wilma were able
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
Your Child is Turning 18 – What Does it Mean?
The law, in most instances (with the notable exception of consuming alcohol), views an adult as one who reaches age 18. As any parent knows, most 18 year olds are not mature enough to make important decisions without the guidance of a parent or other adult. Yet, what most don’t realize
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
A Power of Attorny Gone Wrong
A power of attorney is such an important document, often central to guiding our aging clients and their families through the maze of laws, benefits and issues they face as our population continues to age and lifespans are increased by advances in medical science. However, this document must be carefully