durable power of attorney
Can principal still sign legal documents without notifying the person assigned as Durable Power of Attorney?
Category Archives: Elder Law
Overturning Durable Power of Attorney in CA Is it possible to overturn a…
Overturning Durable Power of Attorney in CA
Is it possible to overturn a durable power of attorney in CA. This person has grossly abused her power and I am wondering what steps I should take. Should I try to get a conservatorship first. The elder also has Dimentia and I want to know if she might have signed the papers when she was already sick. Thank you.
durable power of attorney does a durable power of attorney need to be notarized…
durable power of attorney
does a durable power of attorney need to be notarized or only witnessed. The instructions for the form I have gives me an option for either, but the actual form indicates a notary.
Asset Protection via Revokable vs Irrevokable Trusts Five years ago we…
Asset Protection via Revokable vs Irrevokable Trusts
Five years ago we proceeded with estate planning for my sole remaining parent. This included establishing Health Proxy, Durable Power of Attorney and a Family Trust, including a Declaration of Realty Trust to which her home was transferred via Quitclaim Deed, believing this would help preserve her modest assets of about $350K. Within the Trust, there is an amendment making the trust revokable by the trustee (our parent), with the stipulation that she could revoke the trust (since she is Donor & Trustee) ”UNLESS INCAPACITATED.” Well, 4 months ago, she was diagnosed with Alzheimer’s and her condition was so poor we had to place her in the dimentia unit of an Assisted Care facility. Because of Psychotic drugs she is on, we obtained a Rogers Guardianship of our mother. The original attorney believes the Trust as arranged with the revokable amendment ”unless incapitated” provides her with asset protection from medicare in the event she must be further institutionalized in nursing home care. A new attorney I have used to execute the current Rogers Guardianship states that the revokable amendment in the trust renders it useless for asset protection. What can you tell me about this before I proceed seeking an answer. Thank you very much.
Will Thank you for your reply, help and suggestions.
Will
Thank you for your reply, help and suggestions. In regards to my original question I want to add that for the past five years I’ve had durable power of attorney as well as medical power of attorney for my 89 year old Mother. Would this mean my Brother (while visiting from another state) could not have her change her will while she is in a convalescent home recovering from a B 12 vitamin deficiency as well as suffering from slight dementia. Thank you Nancy Miller