Power of Attorney - Does not permit your Agent to Make your Will.

One of my clients recently posed a question regarding the General Power of Attorney.  She serves
 as Agent under her mother's General Power of Attorney.  Her mother is now unable to handle any of her affairs.  She does not have the capacity to make a Will which she never got around to doing. 

Can her daughter make a Will for her mother?  Quite simply the power of attorney would not allow the daughter to make a Will for her mother.  Only the person making the Will can have one created for them.  If her mother still had capacity to make the Will but was unable to sign the Will, then many jurisdictions permit proxy signatures -- someone signing for the testator.

Therefore, though the daughter could provide a proxy signature, she could not handle the whole thing, from development to execution. That would effectively make the document her Will, and not her mother's.

Share your questions here for a response or contact us at www.ythlaw.com

When Your Family Lets You Down

One thing, among many, my practice has taught me is all that you have control over is yourself. You really do not control, try as we might, your spouse, your children, your other family members or your friends. You only get frustrated and stressed out the more that you try.

On a daily basis, I talk with my clients about those they want to pick to serve in roles like agent, executor or even guardian. I encourage them to take those that they intend to select as they are NOW. Do not think that they might change over time to become what you want. For example, if they are not at a place NOW where you would want them to be to serve as guardian of your children, then do not select them. We can not predict the future, good or bad. All of the selections made during the estate planning process are addressed as of today. We can always make changes in the future as circumstances change. Your plan is not a static document, it evolves.

Let us help you plan correctly. Contact us at http://www.ythlaw.com/ for all your probate and estate planning needs.

Who's Talking To The Doctor?

What if your doctor is unable to communicate with you regarding a healthcare matter. You could have had an accident. You could be in surgery and require another procedure.

Your Healthcare Power of Attorney allows you to appoint an individual to make healthcare decisions on your behalf. This agent or personal representative is authorized by you to review your private medical information.

This is the THIRD most important document in your estate plan. Contact our offices at http://www.ythlaw.com/ to address your probate, estate planning and elder law needs.

Do You Have the Power!!

Power of Attorney, that is. Yesterday, we discussed the Will as the most important document of your estate plan. Another important document is the Power of Attorney.

The Power of Attorney designates an individual known as your agent to handle critical financial transactions on your behalf if you become incapacitated. This can include powers that range from signing checks for household expenses to arranging the sale of property or other personal or business assets.

If the person you want to name is NOT familiar with your financial transactions, then you need to let them know and provide them with the necessary information. The most important thing about appointing an agent is naming a person you trust. We can create the Power of Attorney for you. Contact us at www.ythlaw.com

General Powers of Attorney

Today, I was updating a Power of Attorney for a client. This reminded me of the importance of having a professionally done Power of Attorney. I was working on a nursing home case where most of the elderly clients had appointed an agent under a Power of Attorney. It was necessary when the patient/client was unable to act on their on behalf that the agent had the requisite power to act for them. One more than one occassion, the Power of Attorney used was insufficient for bringing an action in court. The agent did not have the power to sue on behalf of the patient/client. The Power of Attorney (some pulled off of the internet or some form booklet) was limited in its use.

An attorney and especially an estate planning attorney would be in the best position to prepare an appropriate Power of Attorney. In my nursing home case, thousand of dollars were lost because no suit could be brought by the agent on behalf of the injured patient. Don't let this happen to you or your loved one.

Leave your comments here or contact us at http://www.ythlaw.com/

Thanksgiving - An Estate Planning Moment

Hope you had a wonderful and enjoyable Thanksgiving. This is the Holiday when families gather around the table and enjoy lots of home cooked specialty dishes. During the preparation, with parents passing along traditions to their children and grandparents sharing family stories and anedotes, is the time to discuss the family legacy and how it can be passed on.

Yes, Thanksgiving is an estate planning moment. All of the important people are generally present to ask whether they can serve important roles in your estate plan. Your executor, your trustee, the guardian of your children when you die are sitting right next to you at the dinner table. Your agent to assist during any incapacity is carving the turkey.

Why not check this to do off of your list at Thanksgiving? You and your family will be glad you did. Leave your comments here or contact us at http://www.ythlaw.com/

Town Hall Meetings and Healthcare Reform

The town hall meetings around healthcare reform are all a buzz. When I think about the importance of healthcare, I also think about the importance of having designated healthcare representatives.

We all want to be able to get appropriate healthcare whenever we should need it. Reform in our current laws is needed to accomplish this goal. We have an opportunity to impact what that law might look like. While we work with our elected officials to assure a plan that we all can live with, we should also be thinking about who will address our healthcare issues when we are unable to address them ourselves.

Do you have a Healthcare Power of Attorney? Do you have a Living Will? These documents allow you to express your wishes should you be unable to do so. They also allow you to appoint an agent to act on your behalf. The agent would be a person who understands what your desires and interests are as relates to your healthcare.

Let us have your comments or contact us at http://www.ythlaw.com/

FOURTH of TEN Hot Estate Planning Topics

FOURTH, the General or Financial Power of Attorney serves a critical function in estate planning. As many realize, estate planning is not just about organization your affairs in preparation of our eventual death. Estate planning is about life planning and preparedness. When you need to have someone act on your behalf, you want to have all the documents in place to allow them to do so. When you are in need, it is too late to prepare documents. The cornerstone document that is on everyones' mind is the General Power of Attorney. It allows you to name your agent and provide for the powers such agent will have if you become incapacitated. Without it, your affairs will be devastated. That is why everyone if being encouraged by their love ones, friends, colleagues, brokers, bankers, attorneys, realtors, butcher, baker and candlestick maker to get their affairs in order now, starting with the General Power of Attorney. Have you been told? Just as important, have you told someone? Here is an opportunity. Blog here to encourage someone to act today!!!