News & Analysis as of

Power of Attorney

Hendershot Cowart P.C.

Family Members Living With Dementia: Guardianship and Guardianship Alternatives

Celebrities like Jay Leno and Emma Hemming Willis (married to Bruce Willis) are speaking out about their experiences with guardianship and caregiving. If you are caring for a family member with dementia too, a time will...more

Shumaker, Loop & Kendrick, LLP

The Estate Planner, September/October 2024

Moving to another state? Revisit your estate plan - If you recently relocated to a new state — or you’re planning such a move — it’s a good idea to review and update your estate plan. You won’t have to throw out your...more

Saiber LLC

Empower Your Parents & Secure Their Legacy

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No matter how much planning you do, you can never be too prepared to face the future of caring for your aging parents. While it may not be the most comfortable topic, having an open and honest discussion allows you to...more

Bowditch & Dewey

Key Estate Planning Adjustments to Make After Your Spouse Passes Away

Bowditch & Dewey on

The period after a spouse passes away is an emotional time of mourning. However, there are a handful of estate planning adjustments that you should make to protect your estate under the new conditions....more

Winstead PC

Presentation: Fiduciaryize Your Case

Winstead PC on

David F. Johnson presented his speech on “Fiduciaryize Your Case” to the State Bar of Texas’s Advanced Civil Trial Course in Frisco, Texas, on July 11, 2024. This presentation covered what a fiduciary relationship means, the...more

Amundsen Davis LLC

Planning for the Future: Managing Your Healthcare with Advance Directives

Amundsen Davis LLC on

A comprehensive estate plan provides how your estate is handled in the event of death or incapacitation. It also establishes your desires for how medical and life-sustaining treatments are communicated and administered. ...more

Lasher Holzapfel Sperry & Ebberson PLLC

Durable Power of Attorney – One of Your Most Important Estate Planning Documents

We all make important decisions and engage in regular financial transactions without giving a second thought about our capacity to do so. But what if you suddenly lost the ability? What would happen? While most of us don’t...more

Foster Swift Collins & Smith

Legal-Ease: What Happens to a Family Member's Bank Account After Death?

Dear Jonathan: My father, a widower, passed away a couple of months ago. Being his only child, he appointed me as his agent on his durable power of attorney so that I can handle his bill paying which I have been doing for the...more

Miller Canfield

Michigan’s Uniform Power of Attorney Act Goes into Effect Today

Miller Canfield on

The Uniform Power of Attorney Act (“UPOAA”) was signed into law by Michigan Governor Gretchen Whitmer on November 7, 2023. Taking effect on July 1, 2024, the UPOAA repeals and replaces the durable power of attorney provisions...more

Kohrman Jackson & Krantz LLP

The Role of AI in Estate Planning: Benefits and Limitations

As AI increasingly becomes part of our everyday lives, individuals and families are exploring the use of AI programs to prepare estate plans. The answer to whether AI can be used for this purpose is, of course, yes. AI...more

Foster Swift Collins & Smith

Legal-Ease: What is the Downside of DIY Estate Planning?

Dear Jonathan: I am thinking about preparing my own estate planning documents, including a will, powers of attorney and a trust. A close friend of mine just went through this process and it cost her thousands of dollars and I...more

Saul Ewing LLP

The Friday Five: Five ERISA Litigation Highlights - June 2024

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This month’s Friday Five explores recent decisions with issues spanning physician power of attorney to preexisting exclusions and the fiduciary duty of an insurance company....more

Pillsbury - Propel

Estate Planning for Founders – Part I: The Core Estate Plan

Pillsbury - Propel on

This is the first of a four-part series focusing on estate planning for founders. In this series we will cover why, as a founder, you need an estate plan. The right planning can save your family significant sums of money in...more

Warner Norcross + Judd

Can a Professional Guardian Delegate Their Decision-making Powers to an Employee?

Yes, as recently decided by the Michigan Supreme Court, but only if the professional guardian first executes a specific type of power of attorney document delegating authority to the employee to exercise such powers. This...more

Warner Norcross + Judd

Michigan’s New Uniform Power of Attorney Act Effective July 1

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Michigan’s new Uniform Power of Attorney Act (UPOAA) becomes effective on July 1, 2024. This law serves several purposes, which include preventing financial exploitation of vulnerable individuals and making standard power of...more

Amundsen Davis LLC

Estate Planning for Young Adults: Essential Documents as Your Child Heads to College

Amundsen Davis LLC on

As your child approaches their milestone 18th birthday, it's crucial to understand the changes and responsibilities that accompany reaching the age of majority in the eyes of the law. This moment marks their transition into...more

Ward and Smith, P.A.

Easing the Burden: The Gift of Planning for Incapacity

Ward and Smith, P.A. on

Normal aging can be challenging, but caring for an aging family member with dementia is particularly difficult.  Over the years, we have often seen caregivers suffer from exhaustion, compromising their mental and physical...more

Farrell Fritz, P.C.

Abuse Of Powers Of Attorney

Farrell Fritz, P.C. on

A power of attorney (“POA”) allows a principal to assign their agent authority to make certain legal and financial decisions on their behalf. Because a POA can give an agent tremendous power over the principal’s affairs,...more

Husch Blackwell LLP

Guide to Reviewing Your Estate Plan

Husch Blackwell LLP on

Because so many things can change with time, we recommend that our clients review their estate plans every three to five years and update plans as needed. These periodic reviews help to ensure that your affairs are in order,...more

Chambliss, Bahner & Stophel, P.C.

A Useless Power of Attorney: Avoid Free Legal Documents

A power of attorney designates a trusted individual to make decisions or conduct transactions on your behalf. They could be related to personal finances, business operations, or medical needs and used for a single immediate...more

Fox Rothschild LLP

Measuring Your Marbles: The World of Powers of Attorney

Fox Rothschild LLP on

Because this writer is now of “that age” and the topic of senior mental infirmity seems to be a focal point of the 2024 Presidential race, I have been watching a podcast about powers of attorney and their cousins the...more

Oliva Gibbs LLP

The Suspense is Killing Me! – When Formal Notice May be Required Under North Dakota’s Suspense Statute

Oliva Gibbs LLP on

In Powell v. Statoil Oil & Gas LP, the North Dakota Supreme Court found that failure to properly notify a suspended royalty owner of an alleged title defect may allow for statutory interest under North Dakota’s “Suspense...more

Mitchell, Williams, Selig, Gates & Woodyard,...

Why Adding a Child as a Joint Owner May Not Be a Good Idea

Individuals are often interested in ways to transfer their assets at death without having those assets go through a probate proceeding. Those same individuals are also often interested in accomplishing this without having to...more

Chambliss, Bahner & Stophel, P.C.

Safeguarding Your Loved Ones: Top Five Measures to Protect Against Elder Fraud and Abuse

As our loved ones age, it is crucial to ensure their safety and well-being, especially in the face of potential threats like elder fraud. Protecting older family members from financial exploitation requires proactive measures...more

Morrison & Foerster LLP

Hotel Mortgage Holder Barred from Converting Mortgage Loan In Part to Mezzanine Loan

Morrison & Foerster LLP on

In a case litigated in the New York Supreme Court, the Court recently ruled that a private equity firm that acquired a mortgage loan made on the Maxwell Hotel in New York does not have the authority necessary to convert...more

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