Power of Attorney

News & Analysis as of

Data Security Breach at IRS Disrupts Taxpayers and Tax Professionals

The Internal Revenue Service (IRS) announced on Tuesday, May 26, 2015 that criminals had fraudulently obtained the tax returns and account information of more than 100,000 taxpayers. The criminals used this information to...more

Decisions to Make for Your Power of Attorney

A power of attorney may seem like a simple document, but there are several important decisions that need to be made when creating one. From whom to appoint to what powers to grant, care and consideration should be put into...more

Get Me A Whistle! Refereeing Family Visitation under the New Rules

On April 24, 2015, Governor Branstad signed into law Senate File 306, which amends Iowa Code Chapter 633 to provide for very specific forms of visitation for adult persons who have a guardian. The law limits a guardian from...more

Planning for Incapacity

While an estate plan has obvious uses - i.e., planning for the disposition of estate assets after the death of a testator - some of the lesser-known benefits of a well-written plan are the provisions that provide for both...more

Update: The Consequences of Modifying Pennsylvania's Powers of Attorney Statute Potential Impacts on Commercial Loans & Leases

On April 14, 2015, pending legislation was passed by the Pennsylvania House Judiciary Committee to resolve the current state of flux of confession of judgment provisions and the bill was sent to the Pennsylvania House of...more

The Unexpected Consequences of Modifying Pennsylvania’s Powers of Attorney Statute: Potential Impacts on Commercial Loans & Leases

Confession of judgment provisions in commercial documents remain in a state of flux until legislation pending in the Pennsylvania House Judiciary Committee is approved and enacted. Until such time, we will keep readers...more

Understanding Post-AIA Power of Attorney Procedures

Applicants identified upon a U.S. patent application’s filing can impact the ownership rights to the patent application throughout prosecution. Prior to implementation of relevant aspects of the America Invents Act (AIA) on...more

Amendment to the PA Power of Attorney Statute

On March 2, 2015, the Pennsylvania House of Representatives referred to the House Judiciary Committee HB665, introduced by Representative M. K. Keller, which contains the proposed “fix” to the Power of Attorney statute which...more

Changes to Pa. Power of Attorney Law: A Problem for Commercial Transactions

Secured lenders and other parties entering into commercial transactions face new, potentially problematic requirements under recent changes to Pennsylvania’s statute governing powers of attorney (20 Pa.C.S.A. Ch. 56), which...more

Pennsylvania's New Power of Attorney Law: What it could mean to confessions of judgment in commercial loan documents

Pennsylvania’s power of attorney law was overhauled, effective as of January 1, 2015. It seems that early focus on and preparation for the new law was primarily keyed to its impact on more traditional uses of powers of...more

(US) Revised Pennsylvania Statute Creates Power of Attorney Chaos

The Pennsylvania Legislature enacted extensive changes to Title 56 of the Decedents, Estates and Fiduciaries Code affecting powers of attorney, effective as of January 1, 2015. The amendments create a number of issues for...more

Pennsylvania Statute May Jeopardize Powers of Attorney and Confessions of Judgment in Loan Documents – Deja Vu All Over Again

Pennsylvania’s power of attorney law has recently undergone significant changes by virtue of legislation that went into effect January 1, 2015. Among other instruments and transactions affected, the new law will impact all...more

"The Estate Planner" – January/February 2015

In this issue: - Life Insurance – A Powerful Estate Planning Tool for Nontaxable Estates - Four Ways to Transfer a Family Business - Changing Family Makeup Requires Estate Plan Review - Estate...more

The New Year is Here: Do You Have the Essential Estate Planning Documents in Place?

Essential Estate Planning Documents - Below is a list and brief overview of the documents most commonly identified as the “essential” estate planning documents. Please keep in mind that everyone’s situation is unique...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

General Powers of Attorney: Pennsylvania Law Changes

Pennsylvania recently passed Act 95 of 2014, which introduced sweeping changes to the law governing General Powers of Attorney. The changes fall into three main categories: (1) execution requirements, (2) powers that must be...more

Pennsylvania Makes Significant Changes to Power of Attorney Law

Act 95 of 2014, signed July 2nd by Governor Tom Corbett, made significant modifications to the law governing Powers of Attorney (Chapter 56 of the Probate Estates and Fiduciaries Code, 20 Pa.C.S.A §5601, et. seq.). The...more

Recent Changes to the use of Power of Attorney (POA)

Using a Power of Attorney (“POA”) could soon be a lot more complicated. New legislation was passed in Pennsylvania in an effort to minimize the opportunities for abuse perpetrated using a POA and to provide clearer guidance...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

Health Care Decisions - Who Decides?

Like most states, North Carolina recognizes a person’s fundamental right to make his or her own health care decisions. Sometimes, however, it is not possible for a patient to make or communicate a health care decision. A...more

NJ Judge Clarifies the Role of Power of Attorney in Divorce Proceedings

In a published decision, Ocean County Superior Court Judge Lawrence Jones declared that a spouse involved in a divorce action must personally participate in the proceeding where the spouse is found to be mentally...more

Third Party Immunity for Relying on Powers of Attorney

There is no such thing as no liability, but as a result of recent sweeping changes to Pennsylvania's Power of Attorney statute, third parties should have a much higher level of comfort when taking direction from agents. If...more

New Yorker Cartoonist Lauds Elder Law Profession in Interviews About Her Book

The popular New Yorker cartoonist Roz Chast has created a graphic memoir of coping with her parents’ final years, titled Can’t We Talk About Something More Pleasant? The book has received widespread attention and critical...more

Bill Would Change Post-Death Decision Making in Michigan

Michigan law currently permits any resident to designate a "patient advocate" during his or her lifetime. The patient advocate is tasked with making health care decisions – often including the ability to withhold or withdraw...more

Poland Supreme Court Decision Regarding Representation of a Limited Liability Company

On April 24, 2014 the Supreme Court issued a decision resolving an unsettled issue with respect to the representation of a limited liability company: whether the grant of a power of attorney by the management board of a...more

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