What to do if a Bank Refuses to Honor Your Power of Attorney
2 years ago I wrote about bank and other financial institutions' resistance to powers of attorney (POAs). Since then we have seen an increase in frequency of these issues so it bears revisiting some of the common problems and solutions. When we draft POAs for clients we tell them to
What Exactly am I Authorized to Do with a POA? Part 2
    In last week’s blog post I started talking about the different types of powers of attorney. While it is important to have a power of attorney in place it is equally important to understand what it covers – what powers it confers upon the agent.    Â
Hospital Escape Story – Part 2
               Last week I was telling you about a story related to me by a parent of children who just turned age 18 and which reinforced for her the importance of having proper legal documents in place now that would allow her to make important decisions for her children.                So,
Resistance to Power of Attorney – Part 3
               In this week’s post we continue with the topic of power of attorney and specifically how to handle resistance from banks and financial institutions. Last week I outlined the scenarios in which a bank can refuse to honor a power of attorney. New Jersey law says that a banking
How to Handle Resistance to POA – Part 1
    I have written several posts over the years on the importance of powers of attorney and the problems many people encounter when trying to use them. It seems that as time has passed the problems have only increased in frequency. Just this past week we received two
Searching for a Support System (Part 3)
    In last week’s blog post I explained some options for our hypothetical client, Jane Doe, who has a limited family and friend support system. Neighbors, friends from different walks of life and professionals both on the health care and legal/financial side can be alternatives. I have found
Searching for a Support System (Part 2)
    Last week I was talking about the hypothetical client, Jane Doe. Jane does not have a family and friend support system to turn to when she can no longer handle her own financial and medical affairs and decision making. What options does she have?     Trusted
Searching for a Support System (Part 1)
    I received a reader email a few weeks back asking me to write about aging seniors who have no family or friends to rely on. I wrote about this topic last January (see blog posts 1-2-17 and 1-9-17) but we are seeing the scenario with increasing frequency,
The Problem with Out of State Documents – Part 1
    I am often asked whether moving from one state to another requires someone to redo their legal documents. While I obviously don’t have knowledge of the laws in every state, my general answer is that I am not aware of any state that invalidates a will, power
The Problem with Springing Powers of Attorney
               We rarely use springing powers of attorney in our office. A recent case with a client who has one reminds me why.                George’s son, Jim came to us because his dad is in a nursing home. He will need to stay there on a long term basis. George has