News & Analysis as of

Power of Attorney

Arbitration: Does Signed Mean Sealed

by Hassan Elhais on

Legal Principle - Article 215 and 217 of the Civil Procedures Law of the UAE states that a person does not have the right to enter into an arbitration agreement if the signatory does not have the authority to bind the...more

Court Affirms Sanctions Order Against Fiduciary Due To Discovery Abuses

by Winstead PC on

In Eng v. Kolbe, a mother sued her daughter for abusing a power of attorney document. No. 03-15-00409-CV, 2017 Tex. App. LEXIS 2680 (Tex. App.—Austin March 30, 2017). The daughter was assisting her aging parents with their...more

Isn’t a Power of Attorney Just for Old People, Right? Wrong!

by Jaburg Wilk on

Why Young Adults Need Power of Attorneys - When children turn 18, they legally become adults. If there was a catastrophic life event which rendered them unable to make their own life decisions, their parents no longer...more

National Healthcare Decision Day: Have you had the conversation?

April 16, 2017 marks the start of National Healthcare Decision Day (NHDD) (www.nhdd.org), a week-long, nation-wide event which exists to inspire, educate and empower the public and providers about the importance of advance...more

A Guide To: Challenging a Financial Durable Power of Attorney in Michigan

by Clark Hill PLC on

An estate plan is often conceived as a plan drawn up during one's lifetime with the stated intention of transferring one's property upon death. The most common forms of estate planning documents include Last Wills and...more

Agents Under Power of Attorney – Where Will You Get Hauled Into Court?

by Bryan Cave on

Powers of attorney can be matters of convenience or matters of necessity – the principal either doesn’t want to do something or the principal can’t do something. For the agents under a power of attorney, allowing yourself to...more

National Health Care Decisions Day

by Tucker Arensberg, P.C. on

National Health Care Decisions Day, for its 10th anniversary, is being “celebrated” all week – April 16 – 22, 2017. The event focuses on making health care planning, including healthcare proxies and advance directives/ living...more

New Washington Law Regarding Durable Powers of Attorney Provides for Significant Changes to Previous Law

by K&L Gates LLP on

A power of attorney is an integral part of a person’s estate plan. Under a power of attorney, a person (known as the principal) gives broad powers to another party (known as an agent or attorney in fact) to act on his or her...more

New Qatar Arbitration Law - March 2017

by Hogan Lovells on

On 16 February 2017, Qatar adopted a new arbitration law (Law No. 2 of 2017) promulgating the Law of Arbitration in Civil and Commercial Matters (the "Qatar Arbitration Law"). This supersedes the arbitration chapter contained...more

Life and Death Planning: The Essential Legal Tools Every Person Should Have

by Miles & Stockbridge P.C. on

We all know we are not immortal. Death is a certainty for all of us. But the topic of death and our own mortality can be one of discomfort, or even denial. We’ve all made or heard the usual excuses for avoiding or delaying...more

You're Not the Boss of Me: Parents Don't Answer to Children

by Bennett Jones LLP on

Should the Court consider why a donor is making or revoking a Power of Attorney? This was the question before the Court in Pirie v Pirie, 2017 ABQB 104....more

Fiduciary Access To Digital Assets

by Pessin Katz Law, P.A. on

I don’t need to tell you that social media has become a mainstream way to communicate ideas, photos, and information. Even the President uses this technology as a prime form of expression. Have you considered what happens to...more

Getting Your House in Order: Estate Planning is for Everyone

A recent survey found that nearly 50% of individuals with children do not have a Will and over 40% of individuals over the age of 55 do not have one. Whether a person is 18 or 98 with net assets of $200,000 or $20 million,...more

Golden Advice for Husbands to Reduce Risk of Financial Claim

by Hassan Elhais on

Here is a list of golden rules that the husbands may wish to follow, should they need to protect themselves against financial claims by the wife....more

Do You Have a “Day After” Insurance Policy?

by Pessin Katz Law, P.A. on

Insurance is a form of risk management, designed to minimize the loss associated with certain events like flood, fire, accidents, disability, and even death. Most insurance requires an agent and the payment of premiums. ...more

Should You Invest In Long-Term Care Insurance?

by Fraser Trebilcock on

It is very difficult to predict whether you or a loved one will one day need long-term care insurance. A diagnosis like Alzheimer’s disease or another dementia can drastically change your life and your financial plans. With...more

PCT national phase – filing requirements

by FPA Patent Attorneys on

Please see chart below for more information....more

Sixth Circuit Affirms District Court’s Colorado River Abstention And That State Court Appropriately Determined Arbitration...

by Carlton Fields on

An earlier-filed state court action determined the enforceability of an arbitration agreement, before a federal district court could rule on a motion to compel arbitration. The federal district court thereafter abstained from...more

Good Advice for Everyone: Ten Steps to Avoid Big Trouble

by Varnum LLP on

On both a business and individual level, there are ten easy steps you can take now to avoid big trouble later. If you address just five of these items this month, you will be half way there. Originally published in the...more

South Carolina Adopts Uniform Power of Attorney

by Nexsen Pruet, PLLC on

On January 1, 2017, the South Carolina Uniform Power of Attorney Act (the “Act”, codified as S.C. Code Ann. 62-8-101 through 62-8-403) replaced the South Carolina Code’s former power of attorney provisions located in Sections...more

(Another) New Burden Placed on Pennsylvania Long Term Care Facilities- Determining Whether an Agent Actually Had Authority to Sign...

by Tucker Arensberg, P.C. on

On February 1, 2017, the Pennsylvania Superior Court ruled in Petersen v. Kindred Healthcare, Inc., 2017 PA Super. 26, that a party, such a nursing home, must determine whether a successor agent actually has authority to act...more

Lessons to be Learned From the Power of Attorney

by Farrell Fritz, P.C. on

Powers of attorney and trust instruments have each been the subject of many an estate plan. They each have also been the subject of multiple estate litigations. In combination, the two have served as fodder for controversies...more

Pennsylvania Commercial Power of Attorney Problems Fixed by Act 103 of 2016

by Tucker Arensberg, P.C. on

It took almost 2 years, but finally this past October 2016, technical corrections were signed into law to address the problems for commercial powers of attorney that arose by virtue of the 2014 Amendments to the Title 20 PA...more

iWill or iWon’t

Ever wondered what will happen to your Facebook page when you die? The California Legislature has recently weighed in. Effective as of January 1, 2017, California will have its first law to specifically address the handling...more

Act 103 Finally Clarifies Execution Requirements and Agents’ Duties Under PA Commercial Powers of Attorney

by Cohen & Grigsby, P.C on

Act 95 of 2014 enacted several changes to Pennsylvania's financial power of attorney statute (Chapter 56 of Title 20) that inadvertently affected commercial powers of attorney, including stock powers and confessions of...more

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