There may come a point in life when you – or a loved one –need a trusted family member, friend, or professional to assist with your property and financial affairs and decision-making. Since that point may come when you are...more
Another day, another decision by the California Court of Appeal making it more difficult for residential care facilities for the elderly (“RCFEs”) to enforce their arbitration agreements. Upon admission to virtually any...more
Daughter with Power of Attorney Had Burden to Show No Undue Influence over Father - Coscia v. Sweezey, 2021 WL 4765696 (Mass App. Ct. October 13, 2021) - Does holding a power of attorney from a parent in declining...more
In Moore v. Estate of Moore, a decedent’s wife claimed that she had an interest in an oil and gas lease formerly owned by her deceased husband. No. 07-20-00019-CV, 2021 Tex. App. LEXIS 6142 (Tex. App.—Amarillo July 30, 2021,...more
“The only thing that stays the same is everything changes.” I can hear Tracy Lawrence singing that in my head just as clear as when I first heard it in 1996. I didn’t quite understand it back then, but I do now. Change is a...more
Maybe you were informed ahead of time or maybe you found out when you were first called upon to act. In any event, someone (a parent, a sibling, a friend, a neighbor) named you as their agent or attorney-in-fact under a...more
When people ask me what they can do to make things easier for their loved ones if something happens to them, the first question I ask is if they have power of attorney documents in place. A good financial power of attorney...more
A power of attorney is a very important estate planning tool, but in fact there are several different kinds of powers of attorney that can be used for different purposes. Before executing this crucial document, it is...more
A recent decision by the Supreme Court of Appeals of West Virginia confirms the binding nature of arbitration agreements for nursing home admissions, even when an “alternate” power of attorney signs the agreement, as long as...more
As you may be aware, North Carolina adopted the Uniform Power of Attorney Act effective January 1, 2018. The new POA Act effectively rewrites the entire POA statute as it applies to General Powers of Attorneys. The new POA...more
Incapacity planning is a major component of an estate plan. Quite often people name one person to serve as a health care agent and another person to serve as a financial agent. What role does one agent have as opposed to the...more
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
On August 3, 2016, the South Carolina Court of Appeals released First South Bank v. Rosenberg, Op. No. 5437 (S.C.Ct.App. filed August, 3, 2016) (Shearouse Adv.Sh. No. 31 at 75). In First Bank, the Court of Appeals considered...more