News & Analysis as of

Durable Power of Attorney

Baker Donelson

Landmark Ruling: Victory for Powers of Attorney and Health Care Providers

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Baker Donelson secured a win before the Tennessee Supreme Court when, on February 16, 2024, the Court issued a ruling supporting health care providers and those who seek to secure health care for a loved one. In Williams v....more

Lasher Holzapfel Sperry & Ebberson PLLC

Back to School – Estate Planning for College Students

As college students prepare to move into campus housing and attend orientation, estate planning is likely the last thing on their mind. However, when a person turns 18, health care decisions and managing financial matters no...more

Chambliss, Bahner & Stophel, P.C.

A Parent’s Tale — Preparing for the College Send Off

Days ago, I watched our baby girl back out of our driveway in her trusty SUV that once belonged to her grandparents to venture boldly to a new state and new chapter in her life. This fall marks the third and final time we...more

Warner Norcross + Judd

Planning Documents for College-aged Children

Warner Norcross + Judd on

Most parents realize that once your child turns 18, you can no longer make medical or financial decisions for them, nor do you have legal access to your child’s educational, medical and financial information without their...more

Goulston & Storrs PC

Do You Have a College Student? Maintaining Decision-Making Rights During Unexpected Situations

Goulston & Storrs PC on

Parents with young children often hear that “the days are long, but the years are short.” However, this phrase may not truly resonate until their children get older and experience certain milestones. Starting college is one...more

Chambliss, Bahner & Stophel, P.C.

What Does Having Power of Attorney With Dual Agents Mean?

A power of attorney is among one of the most important incapacity planning documents you can have. It designates someone you trust with taking care of your affairs if you become unable to do so....more

Amundsen Davis LLC

Planning for College? Why Your 18-Year Old Needs a Durable Power of Attorney

Amundsen Davis LLC on

Reaching the age of majority is a critical milestone in a young person’s life. It brings with it important changes and new freedoms. The newly minted adult may now vote, enter into contracts, join the military and marry....more

Warner Norcross + Judd

Can a Probate Court Appoint a Guardian for a Person Who Already has a Medical Decision-Maker in Place?

Warner Norcross + Judd on

Under Michigan law, there are two alternate roles for making medical decisions for an incapacitated person. A patient advocate is a medical decision-maker who is appointed by an individual when planning for potential future...more

Burns & Levinson LLP

How Appointing an Attorney-in-Fact Can Benefit Your Life

Burns & Levinson LLP on

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

Warner Norcross + Judd

Your 7-Step Checklist for a Disabled Child Turning 18

Warner Norcross + Judd on

The age 18 milestone is difficult for parents, as they no longer have the legal right to make decisions or receive medical, educational and financial information for their children. For parents of children with special needs,...more

Morgan Lewis

Estate Planning: Considerations for Young Adult Children

Morgan Lewis on

While they may still be under the care of their parents, college-aged or other young adult children should have certain legal documents in place in case of emergency or incapacitation, as well as to ensure prudent management...more

Ward and Smith, P.A.

How an Estate Plan Can Protect Against Financial Exploitation

Ward and Smith, P.A. on

I suspect that many of you, like me, have deleted an email from a friend that says he is away on a trip and needs you to wire him money.  According to experts, despite increased phishing emails and robocalls, it is far...more

Ward and Smith, P.A.

Estate Planning Considerations That Apply to Nearly Everyone

Ward and Smith, P.A. on

Our attorneys field questions every day about the nuanced estate planning issues that arise due to a client's unique circumstances, but there also are many fundamental estate planning considerations that apply "across the...more

Saiber LLC

Estate Planning Checklist: Something to Consider Before Sending your Child off to College

Saiber LLC on

Before you pack the car and bring your student to their new home at college, there is an important bit of estate planning each family should consider. At the age of eighteen, a child become a legal adult....more

Foster Swift Collins & Smith

Parents: The Three Essential Legal Documents Your Child Should Have Before Leaving For College

In Michigan, the age of majority is 18 years. This means that when a person turns age 18, they are no longer a minor and are considered to be a legal adult. Consequently when your child turns 18, you no longer have the legal...more

Bowditch & Dewey

Preparing for College: Why Your Student Needs a Health Care Proxy and Durable Power of Attorney

Bowditch & Dewey on

Now that high school graduation season has passed, parents of college students (or of any child who has turned 18 years old) should encourage their adult children to execute a durable power of attorney, health care proxy and...more

Winstead PC

Undue Influence, Detecting Elder Abuse, and the Duty to Report Financial Exploitation

Winstead PC on

Author David F. Johnson recently presented his paper on “Undue Influence, Detecting Elder Abuse, and the Duty to Report Financial Exploitation” to the Austin Probate Bar Association in Austin, Texas, on May 20, 2022. This...more

Sands Anderson PC

The Case for Brevity in Trust Documents

Sands Anderson PC on

The most powerful and flexible tool estate planners have today is the revocable living trust. It is essentially a substitute for a will that allows you to avoid the often lengthy and expensive probate process, while giving...more

Morgan Lewis

Estate Planning: What Happens When Your Digital Assets Outlive You?

Morgan Lewis on

During the estate planning process, it is important to ensure that your fiduciaries (the personal representatives of the estate, trustees, and agents named in the durable power of attorney) have the information necessary to...more

Foster Swift Collins & Smith

Importance of Durable Powers of Attorney

When people decide to engage in estate planning, typically they focus on naming the beneficiaries of their estate and making sure their estate avoids probate when they pass away. In most cases, these concerns are addressed by...more

Adler Pollock & Sheehan P.C.

Estate Planning Pitfall: You’ve Overlooked Digital Assets in Your Estate Plan

Traditionally, an estate plan addresses the tangible assets you own, such as cash and securities, investment real estate, vehicles, and your house. But this is 2022. Increasingly, people are living in a digital world, where...more

Goulston & Storrs PC

Probate & Fiduciary Litigation Newsletter - April 2022

Goulston & Storrs PC on

This newsletter is intended to keep readers informed about developments in probate and fiduciary litigation in Massachusetts and New York. Our lawyers are at the forefront of this area of the law, shaping how it is handled in...more

Chambliss, Bahner & Stophel, P.C.

You Can Just Say No: Declining to Act as an Agent Under a Power of Attorney

Acting as an agent under a power of attorney is a big responsibility and it isn’t something everyone can take on. It is possible to resign or refuse the position....more

Goulston & Storrs PC

Probate & Fiduciary Litigation Newsletter - December 2021

Goulston & Storrs PC on

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

Winstead PC

Practical Issues Concerning Power of Attorney Transactions - Presentation

Winstead PC on

David F. Johnson presented his paper “Practical Issues Concerning Power of Attorney Transactions” to the Annual Legal Conference 2021 hosted by the Texas Bankers Association and the Southwest Association of Bank Counsel on...more

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