Power of Attorney

News & Analysis as of

SC Court of Appeals Rules Against Absentee Guarantor - Power of attorney afforded normal contract interpretation rules

On August 3, 2016, the South Carolina Court of Appeals released First South Bank v. Rosenberg, Op. No. 5437 (S.C.Ct.App. filed August, 3, 2016) (Shearouse Adv.Sh. No. 31 at 75). In First Bank, the Court of Appeals considered...more

New Uniform Power of Attorney Act, Effective January 1 (Bankers’ Edition)

Washington’s new Uniform Power of Attorney Act (UPAA) will repeal and replace the current Power of Attorney Act, effective January 1. While an existing power of attorney document (POA) that was valid when executed will remain...more

Supreme Court Update: Order List November 2016

The Court has been relatively quiet since our last missive—we're still waiting for the first signed opinion of the term—but we suspect your minds have been focused on other branches of government over the last few weeks...more

Alert: Five Things You Should Know About Connecticut’s New Uniform Power of Attorney Act

A Power of Attorney is an important estate planning tool that allows an individual (the “Agent”) to act on behalf of another person (the “Principal”) in financial and other matters without involving the probate court. A new...more

Parental Power of Attorney: The Legal Document Needed for Those Caring For Your Children

Whether the kids will be with Grandma and Grandpa for the holidays or a nanny when you go on a quick business trip, it is important to consider whether the person caring for your children has the legal tools necessary to care...more

SCOTUS Accepts Review of Kentucky Nursing Home Arbitration Case

On October 28, the Supreme Court granted a cert petition in a case in which the Kentucky Supreme Court refused to enforce arbitration agreements in nursing home agreements.  (Kentucky recently topped my list of states hostile...more

2016 Changes to the Pennsylvania Power-of-Attorney Law

On October 4, 2016, Governor Tom Wolf signed into law technical corrections to the Pennsylvania power-of-attorney law designed to address deficiencies in the law included in amendments previously enacted in 2014. In addition,...more

Trusts and Estates Newsletter - October 2016

Connecticut Has a New Power of Attorney Act - A financial Power of Attorney (“POA”) is a document by which an individual can grant another individual (an “agent”) authority to act on his or her behalf with respect to...more

Guardianship Petitions by Long Term Care Facilities

This blog post explains how long term care facilities (LTCFs) can consider utilizing guardianship and conservatorship petitions for problematic situations where a resident has named an agent under a power of attorney (POA),...more

Pennsylvania Lawmakers Fix Pennsylvania Lawmakers Drafting Errors

On Tuesday, Gov. Tom Wolf signed Act 103 of 2016 (HB665) into law, which changes Pennsylvania’s power of attorney law by excluding commercial transactions from certain provisions of the law. According to the original...more

New Uniform Power of Attorney Act, Effective January 1

Washington’s new Uniform Power of Attorney Act (UPAA) will repeal and replace the current Power of Attorney Act, effective January 1, 2017. While an existing power of attorney document (POA) that was valid when executed will...more

Pennsylvania Statute Amended to Exclude Powers of Attorney in Loan Documents and Commercial Transactions from Acknowledgment and...

Pennsylvania’s power of attorney law was amended on October 4, 2016 to provide exceptions for certain powers of attorney commonly used in commercial and loan transactions from certain provisions of the law. On July 2,...more

Should your powers of attorney be springing or nonspringing?

A power of attorney (POA) is an important component of an estate plan because it provides details for making critical financial and medical decisions if a person becomes incapacitated. This article defines a POA and explains...more

Insight on Estate Planning - October/November 2016

Gift giving made easy - Annual exclusion reduces your taxable estate - How can you reduce the size of your taxable estate? There are many ways to accomplish this objective, including the use of irrevocable trusts...more

California Passes Revised Uniform Fiduciary Access to Digital Assets Act

On September 24, 2016, the Governor of California approved the California Revised Uniform Fiduciary Access to Digital Assets Act, which “would authorize a decedent’s personal representative or trustee to access and manage...more

Do You Really Want To Use That Power Of Attorney To Give Yourself Something?

In Georgia, an agent acting under a power of attorney can give himself the principal’s property at the principal’s direction. The Georgia Supreme Court reaffirmed that maxim in Anderson v. Anderson....more

New Law Deals With Digital Assets After Death

In an article earlier this year we noted that at a large number of states had introduced legislation to address an emerging issue that is unique to our Information Age: how will our digital assets be accessed and used (or...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

As Your Young Adults Leave for College, Add a Power of Attorney and Health Care Directive to the Packing List

The fall is upon us: is your new or soon-to-be adult (child) going off to college? Besides taking with him or her the extra long sheets and his or her new credit card, should he be leaving you with something too: namely, the...more

2016 Legislative Update: Summary of Changes in School Law

BOARDS OF EDUCATION - ENFORCEMENT OF BINDING PUBLIC ACCESS COUNSELOR OPINIONS - Public Act 99-586 - Effective Date: January 1, 2017 - Individuals who file lawsuits to enforce binding opinions from the PAC...more

South Carolina Form 2848, Power of Attorney and Declaration of Representative: Differences Between the State and Federal Forms

South Carolina requires submission of a Form SC2848, Power of Attorney and Declaration of Representative, in order for an attorney, CPA, or enrolled agent to represent a taxpayer administratively before the South Carolina...more

Recognizing Signs of Elder Abuse (and Traits of Elder Abusers)

My goal in this blog post is to discuss character traits of elder abusers so that you can recognize them and hopefully protect yourself, your family, and your friends. I’ve handled over 100 estate disputes, and in a sizeable...more

Russian Legislation Update: 9 May - 17 July 2016

Welcome to the most recent issue of our Russian Legislation Update, covering the period of 9 May - 17 July 2016. In this issue: - Civil relations - Currency Control - Anti-Money Laundering - Banking -...more

The New South Carolina Uniform Power of Attorney Act

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

Arbitration Article Series V: Challenging an Arbitration

In this case the losing party will file an annulment case. However, it may be possible to argue that the parties have accepted the tribunal’s jurisdiction, or have waived any right to object, or have lost that right by not...more

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