Power of Attorney

News & Analysis as of

Tokyo Dispute Resolution & Crisis Management Newsletter – January 2016

Middle Eastern Disputes: Top 10 Tips for In-House Counsel - The lowdown on what every in-house counsel should bear in mind with regard to arbitration proceedings in the UAE. We set out our list of the top 10...more

IRS Only Sending Estate Tax Closing Letters on Request

Open the estate, marshal the decedent’s assets, file the estate tax return, pay estate taxes and debts, receive the estate tax closing letter from the IRS, and distribute the remaining assets. While overly simplistic, this...more

Court Disqualified Attorney Where Attorney Would Testify As Witness

In Matthews v. Stolier, litigation arose regarding several transactions, including a power of attorney document. No. 13-6638, 2015 U.S. Dist. LEXIS 171752 (D.C. La. December 23, 2015). Some of the parties retained an attorney...more

Trusts and Estates News: Your Will is Done, What About Your Powers of Attorney?

Many people assume that an estate plan is limited to their will and/or trust. However, there is often a period of disability prior to death during which important health care and financial decisions need to be made. This...more

Your Estate Plan – Four Documents You Should Be Considering

An estate plan can be a complicated thing. Attorneys, accountants, advisors all may be involved in pulling together a customized plan that conforms to your desires, complies with state and federal law and minimizes your tax...more

Power of Attorney Holder Cannot Sign for Another

Tax practitioners are familiar with Form 2848. With that form, a taxpayer authorizes an attorney, accountant, or other authorized representative to act as attorney-in-fact for the taxpayer as to the specified tax matter in...more

Top 10 Ways To Be Disinherited (And How To Avoid That) (Part 2)

This is Part 2 in the series of the top 10 factors that I’ve seen that lead to people being disinherited from a relative’s or friend’s estate plan. In Part 1, I discussed 5 of the 10 factors, and the following round out the...more

CFPB Releases Tips Urging States to Adapt Guides Designed for Financial Caregivers

On October 19, the CFPB released tips on how state bar associations and other legal organizations and professionals in all states can adapt the CFPB’s Managing Someone Else’s Money guides, which were released nationwide in...more

Are You Really Divorced? Lamar Odom’s Life Placed in Khloe Kardashian’s Hands

Lamar Odom, an NBA basketball star was recently discovered in a Nevada brothel unconscious and in critical condition. He was rushed to the hospital whereby a number of drugs were discovered in his system and he was being held...more

CFPB Targets Pension Lenders in Dodd-Frank Suit

On August 20, 2015, the Consumer Financial Protection Bureau (CFPB) and New York Department of Financial Services (NYDFS) filed suit in the U.S. District Court for the Central District of California against two pension...more

Certain Michigan Taxpayers May Appeal Prior Assessments (Even for Repealed Taxes such as SBT, MBT)

In a Notice released recently by State Treasurer Nick Khouri, the Department of Treasury acknowledged that many taxpayers may have a right to appeal a prior tax assessment – even if many years have passed since that...more

Preparation is the most important component of an estate plan.

Many people mistakenly believe that estate planning is only necessary for the rich. In actuality, a basic estate plan is essential for everyone, regardless of income or net worth, because we all want to minimize...more

Ky. Ruling Casts Doubt on Health Care Arbitration Agreements

Health care institutions in Kentucky may want to take a fresh look at their patient arbitration provisions, in light of a September 24 decision by the Kentucky Supreme Court. Out-of-state institutions may want to take a...more

Kentucky Supreme Court Compares Giving Up Jury Trial To Giving Up Parental Rights; Refuses To Enforce Arbitration

Nursing home arbitration agreements are among the most unpopular arbitration agreements around.  Last week, Kentucky’s Supreme Court issued a lengthy, but fractured, opinion, finding three arbitration agreements were never...more

Trust and Estate Law: South Dakota Dynasty Trusts 101

Usually, estate planning involves the creation of an updated will, a health care directive, and assigning a power of attorney. But sometimes an estate needs more, especially when a large or growing inheritance is involved....more

Confession of Judgment in Commercial Leasing: Impact of Pennsylvania's New Power of Attorney Law

In the wake of the new law, leases containing a confession of judgment provision will need to be reviewed, and standard clauses for new leases and amendments will need to be revised to comply with the new...more

Trust and Estate: Changes made to the Florida Uniform Transfers to Minors Act

Every spring, the Florida legislature meets in regular session, and seemingly in every session significant changes are made to Florida’s trust and estate laws. Once again in 2015 changes were made to the Florida Uniform...more

CFPB’s Office of Older Americans Releases Virginia Guides Designed for Financial Caregivers

On August 17, the CFPB released Virginia state-specific Managing Someone Else’s Money guides, which are designed to make it easier for financial caregivers to follow the state’s unique fiduciary laws and procedures. According...more

CFPB issues state-specific guides for financial caregivers

In October 2013, the CFPB released four “Managing Someone Else’s Money” guides for financial caregivers, particularly those who handle the finances of older Americans. The booklets were designed for four different categories...more

Insight on Estate Planning - August/September 2015

In This Issue: - Premarital planning: Protecting your assets without a prenup - The ABLE account: A good alternative to a special needs trust? - Make net gifts to reduce your gift tax rate - Estate Planning...more

2015 Amendments to Delaware Alternative Entity Acts

New amendments affect Delaware general partnerships, limited liability partnerships, limited partnerships and limited liability companies. On July 24, Delaware Governor Jack Markell signed into law several amendments to...more

2015 Changes to Delaware Law Go into Effect

Amendments to the DGCL - Several significant amendments to the Delaware General Corporation Law (DGCL) were signed into law on June 24, 2015, and will go into effect on August 1, 2015. Most significantly, these...more

Use This Form to Avoid Loved Ones Being Denied Medical Information About You

If you are in the hospital, the last thing you want is for a family member or a trusted friend to be denied information about your condition or prognosis. But this could happen if you haven’t already given authorization...more

Start Summer Right by Focusing on Health Care Protection

As long daylight hours continue to lift our spirits, it is not only the sun’s rays that we should protect against this summer. We should also make sure we have our bases covered when it comes to health care and incapacity...more

Fiduciary News - June 2015

Changes Coming for Pennsylvania Fiduciaries in Their Ability to Access and Manage Digital Assets and Accounts - On January 1, 2015, Delaware became the first state to enact a comprehensive law granting fiduciaries the...more

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