Are your estate planning documents protecting your assets?
First and foremost, all adults need powers of attorney regardless of their age, their health or their wealth. There are two types of powers of attorney. A health care power of attorney allows you to name an agent to make...more
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
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
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
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
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
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
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
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
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
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
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
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
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
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
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
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
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
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
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:
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
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
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
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
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
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