Estate and Elder Law

Recent Posts

Bloom and LaPiana on New Power of Attorney Legislation for New York
Posted on 29 Jul 2009 by Ira Bloom and William LaPiana

Ira Bloom and William LaPiana provide in-depth analysis and explanation of the extensive changes to New York's Power of Attorney law, GOL Art. 5 Title 15, effective Sept. 1, 2009. Forms of the new Statutory Short Form Power of Attorney and Statutory... 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... Read More

James P. Cox III on Virginia's Adoption of the Uniform Power of Attorney Act
Posted on 15 Sep 2011 by James P. Cox III

The Uniform Power of Attorney Act (UPOAA), promulgated by the National Conference of Commissioners on Uniform State Laws (NCCUSL), is intended to provide a cohesive body of law to the law of agency. In this Analysis, James P. Cox III discusses Virginia's... Read More

Review of the Florida Power of Attorney Act and Model Durable POA Form
Posted on 28 Sep 2011 by Susan Calistri Boesger

In this Emerging Issues Analysis, Susan Calistri Boesger, Esq. provides a detailed review of the New Florida Power of Attorney Act, which becomes effective October 1, 2011. Also included is a model durable power of attorney form. Ms. Boesger writes... Read More

William LaPiana on the New York Power of Attorney Amendments
Posted on 8 Jun 2010 by William P. LaPiana

In this Analysis, William LaPiana discusses the controversy over the 2009 amendments to New York's Power of Attorney law, sets forth the new amendments to that law, and provides forms for the Statutory Short Form Power of Attorney and the Statutory... Read More

NC POA Case Shows It's Better to Plan in Advance
Posted on 1 May 2012 by Gregory Herman-Giddens

A recent North Carolina Court of Appeals decision affirmed the Superior Court verdict that an agent under a power of attorney did not breach his fiduciary duty to his aunt, Doris King or unjustly enrich himself at her expense. Albert v. Cowart, et al... Read More

The 2011 Florida Power of Attorney Act
Posted on 26 Sep 2011 by Marc Soss

On October 1, 2011, the new Florida Power of Attorney Act (the "Act") will go into effect. Major changes under the Act include the following: (i) banking and investment powers do not need to be enumerated to be authorized; (ii) the authority... Read More

The 2011 Florida Power of Attorney Act
Posted on 26 Sep 2011 by Marc Soss

On October 1, 2011, the new Florida Power of Attorney Act (the "Act") will go into effect. Major changes under the Act include the following: (i) banking and investment powers do not need to be enumerated to be authorized; (ii) the authority... 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

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

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

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