Estate and Elder Law

Recent Posts

Both Attorneys and Courts are Tired of Financial Institutions’ Refusal to Accept Powers of Attorney
Posted on 12 Mar 2013 by David A. Shulman

Banks Often Refuse to Accept Powers of Attorney One of the things that's becoming more and more frustrating for trusts and estates lawyers in Florida is the refusal of banks and other financial institutions to accept properly drafted powers of... Read More

Florida Makes Power of Attorney Documents More Dangerous
Posted on 10 Apr 2012 by David Goldman

With the recent changes to the Florida Statutes, it is even more dangerous to use Powers of Attorney documents created by online systems or found in forms books. Not only is there a big risk that they will not comply with the new Florida laws and be worthless... Read More

Marilyn Maag on Ohio's Uniform Power of Attorney Act
Posted on 13 Mar 2012 by Marilyn J. Maag

Effective March 22, 2012, Ohio adopted the Uniform Power of Attorney Act (§§ 1337.21 to 1337.64 of the Ohio Rev. Code). The changes apply to all powers of attorney except a power of attorney that is coupled with an interest in the subject of... Read More

Qualified Terminable Interest Property (QTIP) Trust Basics
Posted on 21 Nov 2016 by Susan Calistri Boesger

The Qualified Terminable Interest Property (QTIP) Trust was a creation of ERTA-1981 pursuant to IRC § 2056(b)(7) which qualifies for the marital deduction, even if the surviving spouse is not given a general power of appointment during life or at... Read More

New Jersey Court Holds that an Unrelated Agent under a POA Lacks Standing to File a Lawsuit Seeking Guardianship of the Principal (Apr. 12, 2011)
Posted on 5 May 2011 by LexisNexis Estate and Elder Law Community Staff

In In re Nova , 2011 N.J. Super. Unpub. LEXIS 946 (Ch.Div. Apr. 12, 2011) [ enhanced version available to lexis.com subscribers / unenhanced version available from lexisONE Free Case Law ], Costa Nova, the alleged incapacitated person, revoked a power... Read More

The New Power Of Attorney - Issues Related to the Timing of the Agent’s Signature
Posted on 20 May 2011 by David R. Schoenhaar

By: David R. Schoenhaar, Esq.* New York significantly revised the statutory power of attorney in 2009 primarily to discourage fraud and other perceived abuses in elder care and estate planning. Unfortunately, many unintended consequences... Read More

When a Power of Attorney isn't Enough a Guardianship may be Needed
Posted on 9 Sep 2011 by Deirdre R. Wheatley-Liss

We always encourage our estate planning clients to execute comprehensive Powers of Attorney and Living Wills/Advanced Health Care Directives to appoint surrogate decision makers of their choosing to handle financial and medical affairs during their life... Read More

You’re POA For Mom/Dad And They Have a Trust… Can You Change The Trust?
Posted on 8 Mar 2011 by Michael D. Bonasera

This question comes up frequently... Someone is the power of attorney for someone else, let's say mom or dad, and the POA wants to change mom or dad's trust (in their capacity as power of attorney) to conform to some new wish of mom or dad... Read More

2012 Statutory Changes to the MI Power of Attorney
Posted on 14 Nov 2012 by LexisNexis Estate and Elder Law Community Staff

By Prof. Dustin Foster and Prof. Emily Horvath* 2012 PA 141, effective on May 22, 2012, amended MCL 700.5501 . However, a detailed reading of MCL 700.5501 reveals that the amendment is effective in two parts: sections 2-6 are only applicable to those... Read More

The New Power Of Attorney - Issues Related to the Timing of the Agent’s Signature
Posted on 20 May 2011 by David R. Schoenhaar

By: David R. Schoenhaar, Esq.* New York significantly revised the statutory power of attorney in 2009 primarily to discourage fraud and other perceived abuses in elder care and estate planning. Unfortunately, many unintended consequences emerged... Read More

Ask Liza: What to Do When One Parent Lacks Capacity
Posted on 26 Feb 2015 by Liza Weiman Hanks

Dear Liza, my parents do not have a living trust in place. I need to help them set one up. My father and mother are 91 and 83 respectively. My father has a form of dementia that prevents him from making decision about his property. My Mother is fully... Read More

College Bound Checklist should include a Power of Attorney and Living Will...
Posted on 13 May 2011 by Deirdre R. Wheatley-Liss

The Wall Street Journal recently reported five pieces of advice from financial advisors for families of college-bound children to consider. #5 on the list: Help children protect their health and finances from uncertainty and risk. Veronica Dagher reports... Read More

Avoid a Guardinaship - Acquire a Power of Attorney
Posted on 26 Oct 2010 by Deirdre R. Wheatley-Liss

Many times estate planning is focused on "what happens when I die"? Often overlooked is the element of estate planning for while you are alive - namely designating and empowering someone to make decisions for you if you can't make them for... Read More

Problems with New York’s New Power of Attorney Law
Posted on 11 Nov 2009 by David Goldfarb

New York enacted a new power of attorney law in 2008, effective September 1, 2009. The new law contains major changes relating to both the content and the execution of the power of attorney form, including an acceptance by the agent. If a principal wants... Read More

The Case for Naming a Power of Attorney for an IRA
Posted on 24 Aug 2010 by Randy Spiro

People who have signed and funded revocable trusts have a decreased need for financial powers of attorney because the Trust has within it a mechanism to change the Trustee (manager) of the Trust on the death, resignation or incapacity of the Creator... Read More