6. Legal Planning for Incapacity: The Durable Power of Attorney

Size: px
Start display at page:

Download "6. Legal Planning for Incapacity: The Durable Power of Attorney"

Transcription

1 Legal Planning for Incapacity: The Durable Power of Attorney We are all living longer, thanks to improved medical knowledge and technology. But with increasing longevity comes an increasing threat that we will live through a period when we will not be able to manage our own financial or personal affairs. Yet many people still fail to plan for this threat of incapacity, despite evidence that most people in the future will experience at least temporary (and some even lengthy) periods during which they will be unable to manage their financial affairs. It is important to realize that well thought out plans fro property management contained in your Will are useless during periods of incapacity because the Will takes effect only at death. The Court Appointed Guardian If you should become incapacitated without having planned for it, friends and family members may still be able to manage your property. However, more likely, it will be necessary for the court to appoint someone as your guardian to manage your property. Selling stocks or bonds, listing a house for sale and transferring its title at closing, withdrawing money from a bank account to pay bills, and applying for insurance benefits are just some of the actions that may require a guardian to be appointed to act on your behalf.

2 Guardianship proceedings are frequently undesirable because they involve considerable expense. The law requires that a guardian prepare (and file with the court) periodic accountings and that all actions of the guardian receive court approval. Also, many families do not like the fact that the guardianship records are open to the public. You can avoid a guardianship if proper planning is done while you are healthy and alert Durable Power of Attorney: An Alternative to Guardianship Most people who plan for incapacity use a simple document known as a durable power of attorney. In contrast to a guardianship, a power of attorney typically costs little and involves no court supervision and no public proceedings. A durable power of attorney is a document in which one person, the principal, authorizes an agent to act for him or her with respect to certain legal matters. The agent is often a family member and is sometimes referred to as an attorney-in-fact (in contrast to an attorney-at-law ). Before 1974, Washington did not allow a power of attorney to be used in planning for incapacity. Thanks to legislation in 1974, however, a power of attorney may now include language that specifically authorizes the agent to act while the principal is incapacitated. A power of attorney that survives the principal s incapacity is called a durable power of attorney. Since the durable power of attorney is a relatively new legal concept, it is dangerous to assume that an existing power of attorney is, in fact, a durable power. In

3 order to be durable and to be useful during incapacity, the power must explicitly include language such as this power shall not be affected by incapacity of the principal or this power of attorney shall become effective upon the incapacity of the principal. Caution. The creation of a durable power of attorney and the powers given to an agent is a serious undertaking and the individuals chosen and the powers given must be considered carefully. Two Kinds of Durable Powers of Attorney Available: Immediate and Postponed An immediate power permits the agent to act now and to continue acting during incapacity. The unspoken assumption is that the agent will not use the power unless the principal is unavailable or incapacitated. A postponed power, the second type, does not become effective until the principal actually becomes incapacitated One benefit of the immediate power is that the agent may act if, for example, the principal is competent but is temporarily out of town. Another benefit is that there is no need to determine when incapacity occurs. The drawback, however, is that technically the agent can deal with the principal s property, without the principal s knowledge, even though the principal is fully competent. For example, in times of marital disharmony, a spouse who has been designated as the agent could try to use the power unfairly.

4 Determining Incapacity Under the postponed type of power, the principal does not give any authority to the agent unless incapacity actually occurs. To simplify the determination of incapacity, many such powers designate a committee to make the determination. The committee usually consists of the principal s physician and one or more named friends or family members. A third party may require proof that the principal is incapacitated before that third party is willing to rely on a postponed type of power. This may result in delays before the agent can act for the principal. Special Considerations Without specific authorization to the contrary, granting a durable power of attorney does not allow an attorney-in-fact to make or change the principal s estate planning documents or to make gifts or transfers of the principal s property. Therefore, if desired, specific provisions may be included in a durable power of attorney that allow the attorney-in-fact to engage in gifting or to make or change estate planning documents if such actions are necessary to qualify the principal for medical assistance. In 2000 the Washington Legislature authorized streamlined court proceedings to obtain court supervision of certain attorney-in-fact actions, for example, to obtain a court order to require a financial institution to recognize the durable power of attorney or to approve an accounting by the attorney-in-fact. These court proceedings can be requested by the attorney-in-fact or certain close family member. If the principal does not intend a family member to be able to start such a court proceeding, the principal must make a specific statement in the durable power of attorney.

5 -27- Broad Scope of Powers (Including Consent for Health Care) Although the authority granted by a durable power of attorney can be limited, powers created to provide for incapacity are usually extremely broad. They enable the agent to do almost anything that the principal could do in dealing with the principal s real estate, personal property, safe deposit box, etc. The power can even authorize the giving of informed medical consent, allowing the agent to make decisions about medical and surgical procedures for the principal. Given the scope of such power, it is imperative that the agent be someone in whom the principal has complete confidence. Special Forms for IRS and SSA A durable power of attorney, even when it provides for very broad powers, will not automatically be honored by the Internal Revenue Service or the Social Security Administration. To give someone the power to sign tax returns, to receive notices or refund checks, or to represent you in communications with the IRS, you should either use specific language or execute Internal Revenue Service Form 2848, Power of Attorney and Declaration of Representative. The Social Security Administration requires a person who wishes to act on behalf of a recipient of Social Security benefits to complete an application to be designated Representative Payee. A Representative Payee is then authorized to receive the Social Security checks of the person entitled to benefits and to spend them for that person s personal care and well-being. Delivery and Revocation of Powers of Attorney After you have signed the durable power of attorney, you should deliver it to the agent or should tell the agent that the durable power of attorney has been executed. Otherwise, your family and friends may assume that there is no alternative but to pursue the more expensive and less flexible guardianship. Also, while the power of attorney is being drafted, you should consider the conditions under which the power of attorney will be revoked automatically (such as dissolution of marriage) under the document.

6 -28- Executing a Durable Power of Attorney Though there is no statutory requirement that the principal s signature be notarized, a notarized durable power of attorney is needed before real property can be transferred. In addition, third parties are more likely to deal with an attorney-in-fact if the durable power of attorney is notarized. Therefore, it is a good idea to notarize the principal s signature. In addition, if the durable power of attorney will be used to transfer real property, the document must meet county recording formatting requirements. Alternative to Durable Power of Attorney: Trust Before durable powers of attorney were available, people frequently established revocable living trusts to provide for the management of their affairs during any periods of incapacity. Although a living trust entails more expense and complexity than a durable power of attorney, it is sometimes preferable. Your lawyer can advise you about the advantages and disadvantages of the trust versus the power of attorney and can assist you in implementing the choice that best meets your needs. For additional information, see the discussion of revocable living trusts in the chapters entitled Trusts: an Introduction and Living Trusts and Other Transfers of Property that Avoid Probate.

Education for Justice FACT SHEET S-8 Fall 2007 POWERS OF ATTORNEY

Education for Justice FACT SHEET S-8 Fall 2007 POWERS OF ATTORNEY Education for Justice FACT SHEET S-8 Fall 2007 POWERS OF ATTORNEY WHAT IS A POWER OF ATTORNEY? A power of attorney is written permission for someone to take care of property or money matters for you, in

More information

Durable Power of Attorney For Finances

Durable Power of Attorney For Finances Durable Power of Attorney For Finances Choosing Someone to Handle Your Property And Finances in Case of Disability Washtenaw County Probate Court Shared/Social/Resources/DPOA for Finances FOREWORD We all

More information

GENERAL DURABLE POWER OF ATTORNEY (RCW 11.94) Effective Either Immediately or Upon Disability

GENERAL DURABLE POWER OF ATTORNEY (RCW 11.94) Effective Either Immediately or Upon Disability SENIOR RIGHTS ASSISTANCE GENERAL DURABLE POWER OF ATTORNEY (RCW 11.94) Effective Either Immediately or Upon Disability Before using this form, please read Questions and Answers on Powers of Attorney by

More information

The person to whom you give this power is known as your "attorney-in-fact" or "agent." You are known as the "principal."

The person to whom you give this power is known as your attorney-in-fact or agent. You are known as the principal. Durable Power of Attorney for Finances Question & Answers State Bar of Michigan What is a power of attorney? You may, by written document, voluntarily choose another person to handle some or all your property

More information

STATUTORY SHORT FORM POWER OF ATTORNEY FOR PROPERTY. Includes Amendments Required By Public Act 96-1195 Form Valid July 1, 2011

STATUTORY SHORT FORM POWER OF ATTORNEY FOR PROPERTY. Includes Amendments Required By Public Act 96-1195 Form Valid July 1, 2011 STATUTORY SHORT FORM POWER OF ATTORNEY FOR PROPERTY Includes Amendments Required By Public Act 96-1195 Form Valid July 1, 2011 NOTICE TO THE INDIVIDUAL SIGNING THE ILLINOIS STATUTORY SHORT FORM POWER OF

More information

QUESTIONS AND ANSWERS ON POWERS OF ATTORNEY

QUESTIONS AND ANSWERS ON POWERS OF ATTORNEY QUESTIONS AND ANSWERS ON POWERS OF ATTORNEY COLUMBIA LEGAL SERVICES JULY 2013 1. What is a power of attorney? It is often convenient or even necessary to have someone else act for you. When you give someone

More information

Education for Justice Fact Sheets By Mid-Minnesota Legal Aid and Legal Services State Support. e4j@mylegalaid.org. Powers of Attorney

Education for Justice Fact Sheets By Mid-Minnesota Legal Aid and Legal Services State Support. e4j@mylegalaid.org. Powers of Attorney Education for Justice Fact Sheets By Mid-Minnesota Legal Aid and Legal Services State Support e4j@mylegalaid.org Powers of Attorney What is a power of attorney? A power of attorney is written permission

More information

Instructions & Checklist

Instructions & Checklist Instructions & Checklist Pennsylvania General Power of Attorney [_] This package contains (1) Instructions & Checklist for General Power of Attorney; (2) Information for General Power of Attorney; (3)

More information

Managing Your Property and Personal Affairs

Managing Your Property and Personal Affairs Managing Your Property and Personal Affairs Chapter Health problems at any age can make it difficult for you to manage your property or care for yourself. However, with careful planning you can arrange

More information

Guardianship or Power of Attorney Which Is Right For You?

Guardianship or Power of Attorney Which Is Right For You? Guardianship or Power of Attorney Which Is Right For You? Guardianship Guardians are people who can make legal decisions about a child and they are appointed through a court process to have the legal authority

More information

Minnesota Laws -Wills

Minnesota Laws -Wills Minnesota Laws -Wills A will is the most common document used to specify how an estate should be handled after death. Anyone designated to receive property under a will (or trust) is called a beneficiary.

More information

Your Will. The maker of a Will must be at least 18 years old, of sound mind and free from improper influence.

Your Will. The maker of a Will must be at least 18 years old, of sound mind and free from improper influence. Your Will Who may make a Will? The maker of a Will must be at least 18 years old, of sound mind and free from improper influence. How should a Will be Made? The Will should be written, witnessed and signed

More information

WILLS, LIVING WILLS AND DURABLE MEDICAL POWERS OF ATTORNEY LAST WILL AND TESTAMENT

WILLS, LIVING WILLS AND DURABLE MEDICAL POWERS OF ATTORNEY LAST WILL AND TESTAMENT WILLS, LIVING WILLS AND DURABLE MEDICAL POWERS OF ATTORNEY THE ROBINS AFB PREVENTIVE LAW SERIES LAST WILL AND TESTAMENT OFFICE OF THE STAFF JUDGE ADVOCATE ROBINS AFB, GEORGIA THIS PAMPHLET ANSWERS FREQUENTLY

More information

DURABLE POWER OF ATTORNEY FOR FINANCES NOTICE

DURABLE POWER OF ATTORNEY FOR FINANCES NOTICE DURABLE POWER OF ATTORNEY FOR FINANCES NOTICE 1. This is an important legal document. By signing it, you are voluntarily giving another individual broad powers to handle your property and finances. 2.

More information

POWER OF ATTORNEY OVER A MINOR CHILD HEALTH CARE FORMS AND INSTRUCTIONS

POWER OF ATTORNEY OVER A MINOR CHILD HEALTH CARE FORMS AND INSTRUCTIONS POWER OF ATTORNEY OVER A MINOR CHILD HEALTH CARE FORMS AND INSTRUCTIONS INSTRUCTIONS A power of attorney over a child is a document signed and notarized by a parent giving a nonparent authority to make

More information

WISCONSIN BASIC POWER OF ATTORNEY FOR FINANCES AND PROPERTY SECTION 243.10

WISCONSIN BASIC POWER OF ATTORNEY FOR FINANCES AND PROPERTY SECTION 243.10 WISCONSIN BASIC POWER OF ATTORNEY FOR FINANCES AND PROPERTY SECTION 243.10 NOTICE: THIS IS AN IMPORTANT DOCUMENT. BEFORE SIGNING THIS DOCUMENT, YOU SHOULD KNOW THESE IMPORTANT FACTS. BY SIGNING THIS DOCUMENT,

More information

Probate and Estate Planning Section State Bar of Michigan. Durable Power of Attorney

Probate and Estate Planning Section State Bar of Michigan. Durable Power of Attorney Probate and Estate Planning Section State Bar of Michigan Durable Power of Attorney Notes 2 The Durable Power of Attorney Table of Contents The Problem.......................................... 4 Questions

More information

DIRECTIONS. What is a Power of Attorney?

DIRECTIONS. What is a Power of Attorney? Power of Attorney This packet contains the Alaska form for a Power of Attorney. Alaska Legal Services Corporation provides this as a service to you and does not take responsibility for how you fill it

More information

STATUTORY SHORT FORM POWER OF ATTORNEY MINNESOTA STATUTES, SECTION 523.23

STATUTORY SHORT FORM POWER OF ATTORNEY MINNESOTA STATUTES, SECTION 523.23 STATUTORY SHORT FORM POWER OF ATTORNEY MINNESOTA STATUTES, SECTION 523.23 Before completing and signing this form, the principal must read and initial the IMPORTANT NOTICE TO PRINCIPAL that appears after

More information

WHAT YOU SHOULD KNOW ABOUT THE ARRAY OF LEGAL DOCUMENTS AND PROCEDURES AVAILABLE TO ASSIST THE ELDERLY AND YOURSELF:

WHAT YOU SHOULD KNOW ABOUT THE ARRAY OF LEGAL DOCUMENTS AND PROCEDURES AVAILABLE TO ASSIST THE ELDERLY AND YOURSELF: WHAT YOU SHOULD KNOW ABOUT THE ARRAY OF LEGAL DOCUMENTS AND PROCEDURES AVAILABLE TO ASSIST THE ELDERLY AND YOURSELF: HIGHLIGHTS OF BASIC ESTATE PLANNING DOCUMENTS This entire article is used with thanks

More information

ILLINOIS STATUTORY SHORT FORM POWER OF ATTORNEY FOR PROPERTY

ILLINOIS STATUTORY SHORT FORM POWER OF ATTORNEY FOR PROPERTY ILLINOIS STATUTORY SHORT FORM POWER OF ATTORNEY FOR PROPERTY (NOTICE: THE PURPOSE OF THIS POWER OF ATTORNEY IS TO GIVE THE PERSON YOU DESIGNATE (YOUR "AGENT") BROAD POWERS TO HANDLE YOUR PROPERTY, WHICH

More information

How Your Florida Power of Attorney Works

How Your Florida Power of Attorney Works How Your Florida Power of Attorney Works What is a Power of Attorney? A Power of Attorney (POA) is a legal document that delegates authority from one person to another. As the maker of the Power of Attorney

More information

& Care & Choices at the End of Life. Advance Directive. Planning for Important Healthcare Decisions

& Care & Choices at the End of Life. Advance Directive. Planning for Important Healthcare Decisions compassion & choices Care & Choices at the End of Life. Advance Directive Planning for Important Healthcare Decisions District of Columbia Power of Attorney for Healthcare INFORMATION ABOUT THIS DOCUMENT

More information

WILLS & ESTATES ESTATE PLANNING

WILLS & ESTATES ESTATE PLANNING What is Estate Planning?...2 Estate Planning Should Include:...2 What is Power of Attorney?...2 What is a Representation Agreement?...3 What if you do not have a Power of Attorney or Representation Agreement?...3

More information

Financial Power of Attorney Planning to Protect Yourself and Your Autonomy

Financial Power of Attorney Planning to Protect Yourself and Your Autonomy Financial Power of Attorney Planning to Protect Yourself and Your Autonomy October 2011 There are Montanans who, because of their circumstances, could benefit from having a power of attorney (POA). A POA

More information

STATUTORY SHORT FORM POWER OF ATTORNEY MINNESOTA STATUTES, SECTION 523.23. Minnesota Uniform Conveyancing Blanks Form 100.1.

STATUTORY SHORT FORM POWER OF ATTORNEY MINNESOTA STATUTES, SECTION 523.23. Minnesota Uniform Conveyancing Blanks Form 100.1. (Top 3 inches reserved for recording data) STATUTORY SHORT FORM POWER OF ATTORNEY MINNESOTA STATUTES, SECTION 523.23 Minnesota Uniform Conveyancing Blanks Form 100.1.1 (2014) STATUTORY SHORT FORM POWER

More information

NEVADA STATUTORY POWER OF ATTORNEY NRS 162A.620

NEVADA STATUTORY POWER OF ATTORNEY NRS 162A.620 RECORDING REQUESTED BY: SPACE ABOVE THIS LINE FOR RECORDER'S USE NEVADA STATUTORY POWER OF ATTORNEY NRS 162A.620 THIS IS AN IMPORTANT LEGAL DOCUMENT. IT CREATES A DURABLE POWER OF ATTORNEY FOR FINANCIAL

More information

Delaware Durable Personal Power of Attorney

Delaware Durable Personal Power of Attorney Delaware Durable Personal Power of Attorney Notice to Principal As the person signing this durable power of attorney, you are the Principal. The purpose of this power of attorney is to give the person

More information

STATUTORY DURABLE POWER OF ATTORNEY

STATUTORY DURABLE POWER OF ATTORNEY STATUTORY DURABLE POWER OF ATTORNEY NOTICE: THE POWERS GRANTED BY THIS DOCUMENT ARE BROAD AND SWEEPING. THEY ARE EXPLAINED IN THE DURABLE POWER OF ATTORNEY ACT, SUBTITLE P, TITLE 2, ESTATES CODE. IF YOU

More information

DURABLE POWER OF ATTORNEY FOR HEALTH CARE

DURABLE POWER OF ATTORNEY FOR HEALTH CARE DURABLE POWER OF ATTORNEY FOR HEALTH CARE I,, reside in County, New Mexico: (1) DESIGNATION OF AGENT: I designate the following individual as my agent to make health-care decisions for me: Name of Agent:

More information

ESTATE PLANNING AND POWERS OF ATTORNEY

ESTATE PLANNING AND POWERS OF ATTORNEY chapter 13 ESTATE PLANNING AND POWERS OF ATTORNEY We all know that we will eventually die. At the same time, no one likes to dwell on the prospect of his or her own death. But if you, your parents, or

More information

What is a Joint Tenancy? What is a Tenancy in Common? How is a Joint Tenancy Created, and What Property Can Be So Held?

What is a Joint Tenancy? What is a Tenancy in Common? How is a Joint Tenancy Created, and What Property Can Be So Held? joint tenancy What is a Joint Tenancy? Joint tenancy is a form of ownership by two or more individuals together. It differs from other types of co-ownership in that the surviving joint tenant immediately

More information

ESTATE PLANNING OUTLINE

ESTATE PLANNING OUTLINE ESTATE PLANNING OUTLINE By LEONARD S. ROTH Attorney and Counselor at Law The Law Offices of Leonard S. Roth, P.C. 4265 San Felipe, Fifth Floor Houston, Texas 77027 (713) 622-4222 Board Certified in Tax

More information

Controlling your financial future. A guide to springing and enduring powers of attorney in the Northwest Territories

Controlling your financial future. A guide to springing and enduring powers of attorney in the Northwest Territories Controlling your financial future A guide to springing and enduring powers of attorney in the Northwest Territories Public Trustee for the Northwest Territories June 1, 2002 2 Table of Contents Introduction

More information

IOWA STATUTORY POWER OF ATTORNEY

IOWA STATUTORY POWER OF ATTORNEY THE IOWA STATE BAR ASSOCIATION Official Form No. 120 FOR THE LEGAL EFFECT OF THE USE OF THIS FORM, CONSULT YOUR LAWYER IOWA STATUTORY POWER OF ATTORNEY 1. POWER OF ATTORNEY This power of attorney authorizes

More information

IMPORTANT INFORMATION PLEASE READ CAREFULLY BEFORE PROCEEDING

IMPORTANT INFORMATION PLEASE READ CAREFULLY BEFORE PROCEEDING HELPLINE: 1-800-422-8463 WWW.NYSDCP.COM POWER OF ATTORNEY INSTRUCTIONS IMPORTANT INFORMATION PLEASE READ CAREFULLY BEFORE PROCEEDING Observations on using and completing the Power of Attorney: The enclosed

More information

Health Care Power of Attorney

Health Care Power of Attorney Health Care Power of Attorney You have the right to control the decisions about your medical care. To make these decisions, you must be competent and able to communicate. What happens if you are unable

More information

Health Care Power of Attorney

Health Care Power of Attorney Health Care Power of Attorney A Guide for North Carolinians -- Planning Your Estate Introduction You have the right to control the decisions about your medical care. To make these decisions, you must be

More information

Power of Attorney By: Virginia Poverty Law Center

Power of Attorney By: Virginia Poverty Law Center Power of Attorney By: Virginia Poverty Law Center What is a power of attorney? A power of attorney is a written document that authorizes one person to act on behalf of another. The person giving the power

More information

ESTATE PLANNING FACTS

ESTATE PLANNING FACTS (A 501(c)(3) Non-Profit Corporation) ESTATE PLANNING FACTS What is a Will? A Will is a legal document declaring how an estate is to be distributed after death. The Will states who the executor is and outlines

More information

What s the Difference Between A Power of Attorney and a Guardianship?

What s the Difference Between A Power of Attorney and a Guardianship? What s the Difference Between A and a? And Which Would I Rather Have? What is a? Two kinds: Financial Medical Document which gives someone else authority to make medical decisions (medical power of attorney)

More information

1 MINNESOTA STATUTES 2015 523.23 523.23 STATUTORY SHORT FORM OF GENERAL POWER OF ATTORNEY; FORMAL REQUIREMENTS; JOINT AGENTS....

1 MINNESOTA STATUTES 2015 523.23 523.23 STATUTORY SHORT FORM OF GENERAL POWER OF ATTORNEY; FORMAL REQUIREMENTS; JOINT AGENTS.... 1 MINNESOTA STATUTES 2015 523.23 523.23 STATUTORY SHORT FORM OF GENERAL POWER OF ATTORNEY; FORMAL REQUIREMENTS; JOINT AGENTS. Subdivision 1. Form. The following form may be used to create a power of attorney,

More information

Southern Caregiver Resource Center

Southern Caregiver Resource Center Southern Caregiver Resource Center Caring for those who care for others Fact Sheet: Legal Issues and Consultation Introduction When an adult member of your family has been diagnosed with a medical condition,

More information

ALABAMA DURABLE POWER OF ATTORNEY FORM IMPORTANT INFORMATION

ALABAMA DURABLE POWER OF ATTORNEY FORM IMPORTANT INFORMATION ALABAMA DURABLE POWER OF ATTORNEY FORM IMPORTANT INFORMATION This power of attorney authorizes another person (your agent) to make decisions concerning your property for you (the principal). Your agent

More information

A GUIDE TO THE SUBSTITUTE DECISIONS ACT

A GUIDE TO THE SUBSTITUTE DECISIONS ACT A GUIDE TO THE SUBSTITUTE DECISIONS ACT 0-7794-2147-7 Queen s Printer for Ontario, 2000 Introduction to the Guide 03 The Subsitute Decisions Act 06 Some Important Definitions 08 Decisions About Property

More information

Florida Power of Attorney

Florida Power of Attorney Florida Power of Attorney 1 Unless otherwise specified, the information in this booklet applies to Powers of Attorney signed on or after Oct. 1, 2011. Consult a lawyer regarding use and enforceability

More information

Estate Planning. Some common tools used to help meet those particular needs include:

Estate Planning. Some common tools used to help meet those particular needs include: Estate Planning The Importance of Having an Estate Plan Having an estate plan is one of the most important things you can do for your family. It's not just about planning for estate taxes; it's about developing

More information

Ask the Lawyer: Power of Attorney, Guardianship and Representative Payee By Anne Parette, Esq.

Ask the Lawyer: Power of Attorney, Guardianship and Representative Payee By Anne Parette, Esq. Ask the Lawyer: Power of Attorney, Guardianship and Representative Payee By Anne Parette, Esq. Question My 28-year-old daughter recently sustained a severe traumatic brain injury in an automobile crash.

More information

Legal Techniques. for. MEDICAL & PERSONAL PLANNING for ALZHEIMER S FAMILIES IN NEW HAMPSHIRE

Legal Techniques. for. MEDICAL & PERSONAL PLANNING for ALZHEIMER S FAMILIES IN NEW HAMPSHIRE Legal Techniques for MEDICAL & PERSONAL PLANNING for ALZHEIMER S FAMILIES IN NEW HAMPSHIRE NH BUREAU OF ELDERLY AND ADULT SERVICES 1-800-351-1888, Extension 9203 HELP LINE TTY/TDD RELAY 1-800-735-2964

More information

THE FAMILY GUIDE TO ESTATE PLANNING

THE FAMILY GUIDE TO ESTATE PLANNING THE FAMILY GUIDE TO ESTATE PLANNING Learn about what makes up a good estate plan, beginning with the questions to ask before you even get started. Plus, you ll understand: Why executors, guardians and

More information

Revocable Trusts WHAT IS A REVOCABLE TRUST?

Revocable Trusts WHAT IS A REVOCABLE TRUST? Revocable Trusts The Revocable Trust (often referred to as a Living Trust ) is a popular and effective estate planning technique used throughout the United States. Its advantages (and disadvantages) should

More information

POWER OF ATTORNEY NEW YORK STATUTORY SHORT FORM

POWER OF ATTORNEY NEW YORK STATUTORY SHORT FORM POWER OF ATTORNEY NEW YORK STATUTORY SHORT FORM (a) CAUTION TO THE PRINCIPAL: Your Power of Attorney is an important document. As the principal, you give the person whom you choose (your agent ) authority

More information

STATE OF COLORADO STATUTORY FORM POWER OF ATTORNEY IMPORTANT INFORMATION

STATE OF COLORADO STATUTORY FORM POWER OF ATTORNEY IMPORTANT INFORMATION On April 9, 2009, Colorado enacted the Uniform Power of Attorney Act, C.R.S. 15-14-701, et seq., effective January 1, 2010. The Act significantly changes the laws concerning the use of powers of attorney

More information

PLANNING FOR THE FUTURE:

PLANNING FOR THE FUTURE: PLANNING FOR THE FUTURE: Wills & Advanced Directives FLORIDA RURAL LEGAL SERVICES TABLE OF CONTENTS WILLS... 3 PROBATE... 6 LIVING WILLS... 8 DESIGNATION OF HEALTH CARE SURROGATE... 9 2 WILLS WHAT IS A

More information

Connecticut Attorney General's Office -- Attorney General Richard Blumenthal Your Rights to Make Health Care Decisions

Connecticut Attorney General's Office -- Attorney General Richard Blumenthal Your Rights to Make Health Care Decisions 1 The Connecticut Attorney General offers a free living will form that you can print and complete. While it isn't pleasant to contemplate being unable to communicate your preferences to health care providers,

More information

I, (name of principal)

I, (name of principal) POWER OF ATTORNEY NEW YORK STATUTORY SHORT FORM (a) CAUTION TO THE PRINCIPAL: Your Power of Attorney is an important document. As the principal, you give the person whom you choose (your agent ) authority

More information

- USING SPECIFIC TOOLS

- USING SPECIFIC TOOLS INCAPACITY PLANNING IN NORTH CAROLINA - USING SPECIFIC TOOLS While You Can Make Almost Any Decision You Like When Creating an Incapacity Plan, Failing to Make Those Decisions in the Proper Way Will, at

More information

DURABLE POWER OF ATTORNEY

DURABLE POWER OF ATTORNEY This document was prepared by: John Doe 100 Main Street Miami, Florida 33109 Return To: John Doe 100 Main Street Miami, Florida 33109 DURABLE POWER OF ATTORNEY OF John Doe I. PRINCIPAL AND ATTORNEY-IN-FACT

More information

COLORADO STATUTORY POWER OF ATTORNEY FOR PROPERTY

COLORADO STATUTORY POWER OF ATTORNEY FOR PROPERTY COLORADO STATUTORY POWER OF ATTORNEY FOR PROPERTY NOTICE: UNLESS YOU LIMIT THE POWER IN THIS DOCUMENT, THIS DOCUMENT GIVES YOUR AGENT THE POWER TO ACT FOR YOU, WITHOUT YOUR CONSENT, IN ANY WAY THAT YOU

More information

STATE OF OHIO STATUTORY FORM POWER OF ATTORNEY COVER LETTER

STATE OF OHIO STATUTORY FORM POWER OF ATTORNEY COVER LETTER STATE OF OHIO STATUTORY FORM POWER OF ATTORNEY COVER LETTER See the Important Information section in the attached document. After reviewing the contents of this packet, you may have additional questions

More information

MARYLAND STATUTORY FORM LIMITED POWER OF ATTORNEY PLEASE READ CAREFULLY

MARYLAND STATUTORY FORM LIMITED POWER OF ATTORNEY PLEASE READ CAREFULLY MARYLAND STATUTORY FORM LIMITED POWER OF ATTORNEY PLEASE READ CAREFULLY THIS POWER OF ATTORNEY AUTHORIZES ANOTHER PERSON (YOUR AGENT) TO MAKE DECISIONS CONCERNING YOUR PROPERTY FOR YOU (THE PRINCIPAL.)

More information

STATUTORY POWER OF ATTORNEY

STATUTORY POWER OF ATTORNEY STATUTORY POWER OF ATTORNEY Section 45-5B-301. STATUTORY FORM POWER OF ATTORNEY. A document substantially in the following form may be used to create a statutory form power of attorney that has the meaning

More information

POWER OF ATTORNEY NEW YORK STATUTORY SHORT FORM

POWER OF ATTORNEY NEW YORK STATUTORY SHORT FORM POWER OF ATTORNEY NEW YORK STATUTORY SHORT FORM (a) CAUTION TO THE PRINCIPAL: Your Power of Attorney is an important document. As the principal, you give the person whom you choose (your agent ) authority

More information

Your agent is entitled to reasonable compensation unless you state otherwise in the special instructions.

Your agent is entitled to reasonable compensation unless you state otherwise in the special instructions. STATE OF COLORADO STATUTORY FORM POWER OF ATTORNEY (effective January 1, 2010) IMPORTANT INFORMATION This power of attorney authorizes another person (your agent) to make decisions concerning your property

More information

This presentation explains how to give another person authority to make financial decisions for you through a legal document known as a power of

This presentation explains how to give another person authority to make financial decisions for you through a legal document known as a power of This presentation explains how to give another person authority to make financial decisions for you through a legal document known as a power of attorney. 1 The Power of Attorney MontGuide is available

More information

State of West Virginia STATUTORY FORM POWER OF ATTORNEY IMPORTANT INFORMATION

State of West Virginia STATUTORY FORM POWER OF ATTORNEY IMPORTANT INFORMATION State of West Virginia STATUTORY FORM POWER OF ATTORNEY IMPORTANT INFORMATION This power of attorney authorizes another person (your agent) to make decisions concerning your property for you (the principal).

More information

Making Health Care Decisions in North Dakota:

Making Health Care Decisions in North Dakota: Making Health Care Decisions in North Dakota: A Summary of North Dakota Law Regarding Health Care Directives Published by: North Dakota Department of Human Services Aging Services Division 1237 W.Divide

More information

The Kreager Law Firm 7373 Broadway, Suite 500 San Antonio, Texas 78209 (210) 829-7722. Estate Planning Information

The Kreager Law Firm 7373 Broadway, Suite 500 San Antonio, Texas 78209 (210) 829-7722. Estate Planning Information Estate Planning Information Please complete this questionnaire and bring it with you for your initial consultation with us. Of course, this information will be kept in strictest confidence. A. Husband

More information

POWERS OF ATTORNEY What Do I Need to Know?

POWERS OF ATTORNEY What Do I Need to Know? POWERS OF ATTORNEY What Do I Need to Know? What is a Power of Attorney? It is a document that you sign to give someone else the power or authority to handle your personal affairs. A medical power of attorney

More information

Basics of Estate Planning

Basics of Estate Planning Basics of Estate Planning THE CORNERSTONE OF ANY ESTATE PLAN ARE THE DOCUMENTS THAT SET FORTH YOUR WISHES FOR THE DISPOSITION AND OVERSIGHT OF YOUR ASSETS AT YOUR DEATH. IN ADDITION TO PROVIDING GUIDELINES

More information

Power of Attorney Instructions

Power of Attorney Instructions Instructions General This Power of Attorney authorizes your agent to perform on your behalf any transactions with the State Employees' Retirement System (SERS) that you could request yourself. This form

More information

Probate and Estate Planning Section State Bar of Michigan. Acting for Adults who become Disabled

Probate and Estate Planning Section State Bar of Michigan. Acting for Adults who become Disabled Probate and Estate Planning Section State Bar of Michigan Acting for Adults who become Disabled Notes 2 Acting for Adults who Become Disabled Table of Contents An Overview.........................................

More information

F15: Power of Attorney

F15: Power of Attorney F15: Power of Attorney CAUTION TO THE PRINCIPAL: Your Power of Attorney is an important document. As the "principal," you give the person whom you choose (your "agent") authority to spend your money and

More information

INHERITANCE & ESTATE PLANNING

INHERITANCE & ESTATE PLANNING Chapter Seven INHERITANCE & ESTATE PLANNING Estate planning is the process of determining how the assets you own at the time of your death your estate will be distributed after your death. The distribution

More information

what is a revocable living trust?

what is a revocable living trust? what is a revocable living trust? What is a Revocable Living Trust? A trust is an agreement that determines how a person s property is to be managed and distributed during his or her lifetime and also

More information

Powers of Attorney. This booklet contains forms for Continuing Power of Attorney for Property and Power of Attorney for Personal Care

Powers of Attorney. This booklet contains forms for Continuing Power of Attorney for Property and Power of Attorney for Personal Care Powers of Attorney This booklet contains forms for Continuing Power of Attorney for Property and Power of Attorney for Personal Care Ministry of the Attorney General NOT FOR SALE Table of Contents Ontario's

More information

Conservatorship in Connecticut

Conservatorship in Connecticut Conservatorship in Connecticut Edited by Sally Zanger, JD Connecticut Legal Rights Project June, 2009 Written and developed by Kate McEvoy, JD Agency on Aging of South Central Connecticut katesccaa@snet.net

More information

Agency on Aging. Most material suggests finding, identifying, and recording the following:

Agency on Aging. Most material suggests finding, identifying, and recording the following: C areg iver Information for People Who Provide Care for Elders F A C T S H E E T Putting Legal and Financial Affairs in Order R egardless of age, situation or health condition, it is always helpful to

More information

ALABAMA POWER OF ATTORNEY FORM (in accordance to Alabama Code Section 26-1A-301)

ALABAMA POWER OF ATTORNEY FORM (in accordance to Alabama Code Section 26-1A-301) ALABAMA POWER OF ATTORNEY FORM (in accordance to Alabama Code Section 26-1A-301) IMPORTANT INFORMATION This power of attorney authorizes another person (your agent) to make decisions concerning your property

More information

New Texas Statutory Power of Attorney & Limitations on Use. Paul McNutt, Jr. Executive Vice President General Counsel

New Texas Statutory Power of Attorney & Limitations on Use. Paul McNutt, Jr. Executive Vice President General Counsel New Texas Statutory Power of Attorney & Limitations on Use Paul McNutt, Jr. Executive Vice President General Counsel Powers of Attorney - Basics A power of attorney is a written instrument whereby one

More information

Tools For Life Planning in Virginia

Tools For Life Planning in Virginia Tools For Life Planning in Virginia TABLE OF CONTENTS Introduction...1 Financial Tools Durable Power-of-Attorney...2 Trusts...3 Wills...3 Probate...4 Health and Personal Choice Tools Health Care Power-of-Attorney...6

More information

PLEASE NOTE. For more information concerning the history of this Act, please see the Table of Public Acts.

PLEASE NOTE. For more information concerning the history of this Act, please see the Table of Public Acts. PLEASE NOTE This document, prepared by the Legislative Counsel Office, is an office consolidation of this Act, current to January 1, 2009. It is intended for information and reference purposes only. This

More information

Health Care Decision-Making For a Resident in a Nursing Home

Health Care Decision-Making For a Resident in a Nursing Home Health Care Decision-Making For a Resident in a Nursing Home Policy Statement of the Michigan State Long Term Care Ombudsman Program By Bradley Geller Introduction The law has long been clear that an adult

More information

ADVANCE DIRECTIVES SCHA 26 MARCH 2015

ADVANCE DIRECTIVES SCHA 26 MARCH 2015 ADVANCE DIRECTIVES Jeanne M. Born, RN, JD 26 MARCH 2015 JBorn@nexsenpruet.com This presentation was drafted to present as an educational offering to the staff and is not to be considered legal advice.

More information

ESTATE PLANNING WORKBOOK

ESTATE PLANNING WORKBOOK Mortel Law, PLLC 7825 3 rd Street N, Suite 204 St. Paul, MN 55128 Tel 651.288.2843 Fax 651.731.5496 jmortel@mortellaw.com ESTATE PLANNING WORKBOOK This packet is provided as part of the Estate Planning

More information

Terms & Conditions of Janney Montgomery Scott LLC Transfer on Death ( TOD ) Account Registration

Terms & Conditions of Janney Montgomery Scott LLC Transfer on Death ( TOD ) Account Registration Terms & Conditions of Janney Montgomery Scott LLC Transfer on Death ( TOD ) Account Registration Instructions: Carefully read the Terms & Conditions below and complete all applicable sections of the attached

More information

Nolo s Guide to. Living Trusts

Nolo s Guide to. Living Trusts Nolo s Guide to Living Trusts Table of Contents Living Trusts 101...3 How a Living Trust Works...3 How a Living Trust Helps Your Family...5 What Living Trusts Don t Do...6 Do You Also Need a Will?...7

More information

Consumer Legal Guide. Your Guide to a Living Trust

Consumer Legal Guide. Your Guide to a Living Trust Consumer Legal Guide Your Guide to a Living Trust WHAT IS A LIVING TRUST? Most of us share the same objectives for our estate plan: 1) Provide for our spouse or dependent children; 2) distribute our property;

More information

DRAFTING POWERS OF ATTORNEY FOR PROPERTY AND HEALTH CARE

DRAFTING POWERS OF ATTORNEY FOR PROPERTY AND HEALTH CARE DRAFTING POWERS OF ATTORNEY FOR PROPERTY AND HEALTH CARE AND LIVING WILL FOR THE SENIOR CENTER INITIATIVE Presentation by The Thomas C. Wendt 79 West Monroe Street Chicago, Illinois 60603 Telephone: (312)

More information

OREGON Advance Directive Planning for Important Health Care Decisions

OREGON Advance Directive Planning for Important Health Care Decisions OREGON Advance Directive Planning for Important Health Care Decisions Caring Connections 1731 King St., Suite 100, Alexandria, VA 22314 www.caringinfo.org 800/658-8898 Caring Connections, a program of

More information

Revocable living trusts

Revocable living trusts Revocable living trusts A flexible and practical estate planning tool A revocable living trust can accomplish a variety of personal, family and tax planning goals. It typically lets you retain complete

More information

WASHINGTON Advance Directive Planning for Important Health Care Decisions

WASHINGTON Advance Directive Planning for Important Health Care Decisions WASHINGTON Advance Directive Planning for Important Health Care Decisions CaringInfo 1731 King St., Suite 100, Alexandria, VA 22314 www.caringinfo.org 800/658-8898 CaringInfo, a program of the National

More information

MARYLAND STATUTORY FORM LIMITED POWER OF ATTORNEY PLEASE READ CAREFULLY

MARYLAND STATUTORY FORM LIMITED POWER OF ATTORNEY PLEASE READ CAREFULLY MARYLAND STATUTORY FORM LIMITED POWER OF ATTORNEY PLEASE READ CAREFULLY This power of attorney authorizes another person (your agent) to make decisions concerning your property for you (the principal).

More information

What Military Families Should Know About Wills

What Military Families Should Know About Wills What Military Families Should Know About Wills Prepared by: Aeronautical Systems Center Office of the Staff Judge Advocate 5135 Pearson Rd Wright-Patterson AFB, OH Phone: (937) 257-6142 DSN 787-6142 Revised

More information

UNDERSTANDING ADVANCE DIRECTIVES FOR HEALTH CARE

UNDERSTANDING ADVANCE DIRECTIVES FOR HEALTH CARE ADVANCE DIRECTIVES UNDERSTANDING ADVANCE DIRECTIVES FOR HEALTH CARE Living Wills and Powers of Attorney in Pennsylvania Edward G. Rendell Governor www.state.pa.us Nora Dowd Eisenhower Secretary of Aging

More information

GENERAL POWER OF ATTORNEY FOR FINANCIAL AFFAIRS

GENERAL POWER OF ATTORNEY FOR FINANCIAL AFFAIRS A Power of Attorney for Financial Affairs lets you designate someone to help you manage your money and property. You designate a person to be your Aagent@. You can give your agent broad powers to handle

More information

REPORT OF THE ESTATE PLANNING, TRUST AND PROBATE LAW SECTION

REPORT OF THE ESTATE PLANNING, TRUST AND PROBATE LAW SECTION 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 REPORT OF THE ESTATE PLANNING, TRUST AND PROBATE LAW SECTION To the Council

More information

POWERS OF ATTORNEY AND REVERSE MORTGAGES

POWERS OF ATTORNEY AND REVERSE MORTGAGES INTRODUCTION TO POWERS OF ATTORNEY, TRUSTS AND LIFE ESTATES FOR HECM COUNSELORS POWERS OF ATTORNEY AND REVERSE MORTGAGES A power of attorney is a legal document that an individual voluntarily prepares,

More information

DEVELOPING AN ESTATE PLAN

DEVELOPING AN ESTATE PLAN DEVELOPING AN ESTATE PLAN The first step in estate planning is very personal. You must decide who inherits which assets and when they should receive them. The following are a handful of the questions you

More information

Get the New Year Started Off Right with Estate Planning

Get the New Year Started Off Right with Estate Planning P A G E 1 Get the New Year Started Off Right with Estate Planning As your family grows, so does the importance of reassessing your estate Having an estate plan in place will ensure your legacy goals are

More information