Power of Attorney

News & Analysis as of

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

New Florida Guardianship Law Takes Effect July 1, 2015

Florida will have a new Guardianship Law effective July 1, 2015. A couple of the more interesting portions include: If a person initiates a judicial proceeding to determine an individual’s incapacity the Power of...more

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

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