News & Analysis as of

Durable Power of Attorney

Estate Planning Pitfall - You haven’t coordinated your health care directives

The best-laid plans can go astray. For estate planning purposes, the main complication as a person grows older may be the condition of his or her health. This brief article details two health care directives and explains why...more

A Guide To: Challenging a Financial Durable Power of Attorney in Michigan

by Clark Hill PLC on

An estate plan is often conceived as a plan drawn up during one's lifetime with the stated intention of transferring one's property upon death. The most common forms of estate planning documents include Last Wills and...more

National Health Care Decisions Day

by Tucker Arensberg, P.C. on

National Health Care Decisions Day, for its 10th anniversary, is being “celebrated” all week – April 16 – 22, 2017. The event focuses on making health care planning, including healthcare proxies and advance directives/ living...more

New Washington Law Regarding Durable Powers of Attorney Provides for Significant Changes to Previous Law

by K&L Gates LLP on

A power of attorney is an integral part of a person’s estate plan. Under a power of attorney, a person (known as the principal) gives broad powers to another party (known as an agent or attorney in fact) to act on his or her...more

Life and Death Planning: The Essential Legal Tools Every Person Should Have

by Miles & Stockbridge P.C. on

We all know we are not immortal. Death is a certainty for all of us. But the topic of death and our own mortality can be one of discomfort, or even denial. We’ve all made or heard the usual excuses for avoiding or delaying...more

Do You Have a “Day After” Insurance Policy?

by Pessin Katz Law, P.A. on

Insurance is a form of risk management, designed to minimize the loss associated with certain events like flood, fire, accidents, disability, and even death. Most insurance requires an agent and the payment of premiums. ...more

Powers of Attorney – How are the Chapter 56 Changes Playing Out?

by McNees Wallace & Nurick LLC on

In the Fall 2014 issue of McNees Insights – Estate Planning, my colleague Andrew Rusniak and I discussed Pennsylvania’s changes to the law governing Powers of Attorney (Act 95 of 2014, amending Chapter 56 of the Probate...more

Preparing for a new year: Take time now for a quick estate plan review

Year end is the time to make certain estate planning provisions to protect the interests of heirs and minimize potential estate tax liability. It’s also a good time to conduct a quick review of your estate plan. This article...more

6 estate planning techniques for blended families

A “blended family” is more than just a staple of TV sitcoms. Today, it’s not unusual for a household to include children and even grandchildren from prior marriages, as well as adopted family members or same-sex couples....more

4 Must-Have Documents When Planning Your Estate

President Abraham Lincoln. Civil rights activist Martin Luther King, Jr. Rock guitarist Jimi Hendrix. Eccentric billionaire Howard Hughes. Singer/songwriter Bob Marley. NFL quarterback Steve McNair. Singer/songwriter...more

Revoking a Power of Attorney

If for any reason, you become unhappy with the person you have appointed to make decisions for you under a durable power of attorney, you may revoke the power of attorney at any time. There are a few steps you should take to...more

The New South Carolina Uniform Power of Attorney Act

by McNair Law Firm, P.A. on

On June 9, 2016, South Carolina became the 21st state in the country to enact a version of the Uniform Power of Attorney Act (“UPAA”) when Governor Nikki R. Haley signed the South Carolina Uniform Power of Attorney Act...more

Will you be shut-out if your college-age child has a medical emergency?

by Pessin Katz Law, P.A. on

The time when a child goes off to college can be a stressful time for any parent. You know that you are giving up substantial control over your child’s safety and choices, but you may be relinquishing even more control than...more

Court Affirms Power Of Attorney Holder’s Right To Revoke Gift

by Winstead PC on

In Wise v. Mitchell, a power of attorney holder, Mitchell, filed a revocation of a deed that the principal issued to Wise. No. 05-15-00610-CV, 2016 Tex. App. LEXIS 6502 (Tex. App.—Dallas June 20, 2016, no pet. history). After...more

Annual Estate Planning Newsletter: Part Six

by Blank Rome LLP on

Action Item: This is the sixth and final installment of our Annual Estate Planning Newsletter, and focuses on estate planning matters not related to tax planning. We urge you to review this installment to ensure that your...more

Who Runs Your Business and Finances if You Can’t?

by Davis Wright Tremaine LLP on

You are the senior executive of a successful family business. If you experience a stroke, or a heart attack, or are in a serious accident, such that you are in a coma, for example, or otherwise unable to act on your own...more

Before Signing Anything on Behalf of Someone Else, Talk to Your Special Needs Planner

People lack the ability to sign documents for various reasons. In some cases, a person has suffered from a disability since birth and has never had the mental capacity to make decisions for himself. In other cases, an injury...more

New Jersey Court Holds Financial Institutions are Not Required to Report Suspected Elder Fraud

by Cole Schotz on

In a case of first impression, the Superior Court of New Jersey held that financial institutions do not have an affirmative duty to report suspected fraud upon senior citizens or vulnerable individuals. See Lucca v. Wells...more

Extra-long twin sheets, emergency credit card, and… Advance Directive and Power of Attorney (!?)

As you pack up extra-long twin sheets and the emergency credit card for your college-bound child, don’t forget to pack her legal documents. Though your high school graduate doesn’t seem too independent while you are still...more

Estate Planning Pitfall: Your powers of attorney are more than a few years old

Health care and financial powers of attorney are critical components of an effective estate plan. As this article explains, after executing powers of attorney, it’s important to periodically review them and execute new ones. ...more

Estate Planning for Young Families

Proper estate planning for young families is essential, despite often being overlooked by both clients and attorneys. Many young families view their estate as being “simple” because in their minds they “don’t have much,” and...more

The ABC’s of Estate Planning

What are the “ABC’s” of estate planning? Over the next few weeks we will discuss some simple but important concepts as we discuss the “ABCs” of estate planning. Today we will discuss “A” and “B”....more

2015 Estate and Tax Planning

by Blank Rome LLP on

Blank Rome’s annual estate planning newsletter discusses certain concepts and techniques that we hope may be of interest to our clients and friends....more

Estate Planning Pitfall - You haven’t planned for incapacity

Most estate plans focus on what happens after death — but a plan is incomplete if arrangements haven’t been made in the event of mental incapacity. If the plan doesn’t specify how these decisions will be made, and by whom, a...more

National Estate Planning Awareness Week

This week is National Estate Planning Awareness Week. It is a common misconception that only the very wealthy need estate plans. This may explain why 55% of Americans do not have estate plans. However, the truth is...more

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