Bad Things Can Happen with PoAs: An Illustration
Powers of attorney are powerful tools, ones that can be easily misused. We’re often warned that bad things can happen with a financial power: the agent can take all the money. But we’re not often told bad things can happen with medical powers, too. This week, we share a cautionary tale inspired by a client […]
When Mom Can’t Live at Home, Does Power of Attorney Help? Yes and No
A newsletter reader asks: Can you use a health-care power of attorney to admit someone who can’t live at home safely to a care home? The answer, legally, is clear: No, you can’t. The practical answer, however, is probably yes. A health care power of attorney names an agent to make health-care decisions for you […]
Durable Powers of Attorney: “Springing” or “Surviving”?
NOVEMBER 7, 2016 VOLUME 23 NUMBER 42 For over four decades, Arizona law has permitted residents to create powers of attorney that continue to be valid even after the signer becomes incapacitated. That simple concept, once thought to be radical, has become widespread: all U.S. states now permit powers of attorney to be “durable.” To […]
Pondering Your Power of Attorney
SEPTEMBER 16, 2013 VOLUME 20 NUMBER 35 Do you have a power of attorney? If so, do you know how it works? Is a “springing” power of attorney the best way for you to keep authority over your health care and financial decisions until a transition is needed? Many people have powers of attorney but […]
Durable Powers of Attorney Are Important But Dangerous
APRIL 26, 2010 VOLUME 17, NUMBER 14 A power of attorney is one of the most important, powerful and dangerous documents you will ever sign. Why is it important? Because your family has no inherent right or power to handle your finances in the event that you become incapacitated. Why is it dangerous? Because it […]
Power of Attorney Used to Change Insurance Beneficiaries
MARCH 29, 2004 VOLUME 11, NUMBER 39 Thomas A. Smith had two daughters from his first marriage and two step-children from his second wife. In 1996, shortly after his second wife’s death, he changed the beneficiary designation on a $100,000 life insurance policy so that the four children would share the policy proceeds equally. In […]
CPR Efforts May Have Violated Nursing Home Rights Law
DECEMBER 22, 2003 VOLUME 11, NUMBER 25 Many of our clients have a visceral reaction to the idea that they might be “kept alive by machines” after they are no longer able to make health care decisions for themselves. That is why they sign “advance directives” like health care powers of attorney and living wills. […]
Probate Court’s Appointment of Agent as Guardian Reversed
OCTOBER 20, 2003 VOLUME 11, NUMBER 16 When Jessie Simmons signed powers of attorney giving her son Donald authority to handle her personal and financial affairs, she probably thought she was doing the right thing. After all, a power of attorney makes it easier for family members to take care of what needs to be […]
Arizona Adopts New Uniform Trust Code Effective Next Year
OCTOBER 6, 2003 VOLUME 11, NUMBER 14 [NOTE: After this article was published and circulated, the Arizona legislature delayed the effective date of the Uniform Trust Code in Arizona for two years and then repealed the UTC altogether, and then re-adopted it in a significantly modified form. Readers need to check the current status of […]
State High Court Allows Gift of Home Using Power of Attorney
AUGUST 5, 2002 VOLUME 10, NUMBER 5 In addition to the danger inherent in powers of attorney (they can literally be licenses to steal) there can be another problem with the documents in practice. For at least some transactions (especially gifts) the use of a power of attorney is often viewed with suspicion, and even […]