Power of Attorney

News & Analysis as of

Five Estate Planning Tips to Prepare For Your Upcoming Trip

After surviving this past winter’s polar vortex, it is hard to believe that summer is flying by and that vacation season is in full swing. Summer vacation, or any trip, is a great opportunity to relax and recharge by spending...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

The Battle Over Casey Kasem’s Medical Care: Lessons in Incapacity Planning

Last month I mentioned that every person should have a basic estate plan, including a medical directive. This directive is not only necessary for the elderly, but also for anyone who could find themselves incapacitated...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

Lessons from Real Life: Why Everyone Needs an Advance Health Care Directive

End-of-life decisions are among the most difficult a family will ever face. Most people do not like to think about life support, ventilators, and artificial food and hydration. Young people, especially, believe that...more

Texas Supreme Court Clarifies HELOC Fee Cap Decision

On January 31, the Texas Supreme Court released a January 24 supplemental opinion clarifying a June 2013 opinion in which it invalidated state regulations that (i) defined “interest” with regard to home equity loans to...more

Power of attorney abuse: What can you do about it?

A financial power of attorney — sometimes called a “power of attorney for property” or a “general power of attorney” — can be a valuable planning tool. But it’s susceptible to abuse by scam artists, dishonest caretakers or...more

Tax Law Blog: Do My Estate Planning Documents Need to Have Special Language to Deal with My Digital Assets?

This is the final post in a four-part series about Digital Assets and estate planning. One would think that an executor, trustee, or agent under a Power of Attorney would have authority to obtain information about your...more

New Online End-of-Life Planning Tool Now Available to NC Citizens and Health Care Providers

A new tool is now available for North Carolina citizens and health care providers that will help everyone understand end-of-life health care planning options and processes available under North Carolina law. The new website...more

Arbitration Agreement with a Care Facility is not Enforceable when not Authorized by the Patient Herself

A California court of appeal recently ruled that an agreement to arbitrate disputes between an elderly patient and a nursing facility was not enforceable. The arbitration agreement was signed by the daughter of the patient...more

Fannie Mae Updates Selling Guide

On October 22, Fannie Mae issued Selling Guide Announcement SEL-2013-08, which updates policies regarding (i) the use of a power of attorney, (ii) DU Refi Plus and Refi Plus eligibility, and (iii) master or blanket insurance...more

State of Iowa v. Rodney Lee Bean Affirms Need for Oversight of a Representative Under Power of Attorney

A recent criminal case, State of Iowa v. Rodney Lee Bean, Court of Appeals of Iowa, No. 3-494/11-1828 (September 5, 2013), shows us how elderly individuals can be easily abused, both physically and financially....more

Further Amendments To The Russian Civil Code

FOLLOWING THE FIRST SET OF AMENDMENTS TO THE RUSSIAN CIVIL CODE WHICH WAS ADOPTED ON 30 DECEMBER 2012, THE SECOND AND THIRD SETS OF AMENDMENTS TO THE CIVIL CODE HAVE NOW ALSO BEEN SIGNED INTO LAW. The second set of...more

Read the Fine Print! Restrictions in a Power of Attorney May Invalidate Loan Documents

On November 6, 2012, the North Carolina Court of Appeals ruled in a unanimous decision that several commercial guaranties were invalid when signed by an attorney in fact, pursuant to a power of attorney which contained a...more

Fiduciary Duties In Oil Patch Deals

I. GENERAL. A. Introduction. In selecting a form of business entity for an oil patch deal in Texas the organizer or initial owners can consider the following five business entity forms: • Corporation •...more

Texas Supreme Court Issues Decision in Home Equity Case: Next Steps

In 2003, the Texas Constitution was amended to permit the issuance of interpretations relating to the home equity provisions of the Constitution. A lender acting in compliance with these interpretations would have a defense...more

Estate Planning in the Digital Age

At first, the digital age crept upon us slowly. Businesses looked at the internet skeptically, not sure how to use it. Consumers waded in bit by bit, at first dipping the proverbial toe in the water and then taking it step by...more

Why Wills Are Important for Everyone

Estate planning may sound like something you don’t need to think about until you are approaching later stages of your life, or something only the top 1% need to take care of. This is a serious — and common — mistake....more

Doing business, or thinking about investing, in Russia? Recent changes to the Russian Civil Code

In This Presentation: 1. Why were changes needed? 2. How are things changing? 3. The process of change 4. Amendments in place now 5. What is still to change? - 2nd Draft Amendment - 3rd Draft...more

Private Client - Practical Law Multi-Jurisdictional Guide 2012/13 Country Q&A: Japan

Originally published in Private Client Multi-Jurisdictional Guide 2012/13. In This Issue: Taxation; Wills and Estate Administration; Succession Regimes; Intestacy; Trusts; Ownership and Familial Relationships;...more

Tax Law Blog: Unfortunate Reminder of the Need for Powers of Attorney

When most people think of estate planning, they think of drafting a will or trust to say what happens to property after death. Arguably more important is what happens when you are alive but unable to make decisions following...more

Are your estate planning documents protecting your assets? [Video]

Federal, estate and gift tax laws may affect your estate planning documents. Do your documents protect assets for your loved ones?...more

Estate Planning Considerations: Documentation and Peace of Mind

With the introduction of the American Taxpayer Relief Act of 2012 (Act), the world of estate planning has been injected with a dose of certainty after more than 10 years of uncertainty as to federal estate, gift and...more

Michigan Legislation In 2012

Congress was not the only busy legislative body in December. Our state legislature also passed, and the Governor signed, several important bills which affect estate planning for Michigan residents. We found the following to...more

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