Change to New York Power of Attorney Form
Effective June 13, 2021, New York will be changing its statutory financial Power of Attorney form. The new statute is a significant improvement compared to the previous statutory power of of attorney law. The new New York Power of Attorney form is more simple than its predecessor and helps to ensure that it will be […]
Durable POA or Traditional POA
A Power of Attorney (“POA”) is a very useful and inexpensive document to obtain. If you do not have a POA, in order for your spouse or loved ones to make financial decisions for you, they must institute a guardianship proceeding.
Caring for a Loved One – Guardianship, Powers of Attorney and Medical Directives
Holiday gatherings are often a time for us to gather with relatives and friends. The bustle of activity can highlight the impact that aging has had on our loved ones in the passing year. Observing decline in the people we care about can be unsettling and may generate many questions about how to best care […]
Trouble with Banks Accepting a Power of Attorney – Florida
As I’ve written in my last two posts, more and more Banks have been routinely rejecting Power of Attorney forms drafted by attorneys in New Jersey. Obviously this irks me enough to write about it in three consecutive posts.Apparently, this practice is not as common in Florida, and banks do so at their own peril […]
Banks Required to Accept a Power of Attorney Under NJ Statutory Law
Yesterday I wrote a post about how banks are routinely refusing to accept powers of attorney. I thought this statute may be helpful to people who may need to argue with the banks (at least in NJ anyway):N.J.S.A 46:2B-13. Banking institutions to accept power of attorney 4. With respect to banking transactions, banking institutions shall accept […]
Growing Problem of Banks refusing to Honor a Financial Power of Attorney
Please be advised that more and more banks are refusing to accept any financial power of attorney other than their own form. This may not be a huge problem if you are still competent, but if you become incapacitated later and have not sign the “Bank approved form”, it could make life very difficult for […]
Change in Pennsylvania Power of Attorney Law
Happy New Year! Effective January 1, 2015, under Act 95, Pennsylvania modified Chapter 56 of Title 20 of the Pennsylvania Consolidated Statutes, which deals with Powers of Attorney. The amendment was made to try to better protect the Grantor of the powers. Under the new statute, a Pennsylvania Power of Attorney must be witnessed by […]
When Should I Write a Will?
Many people question when they should start their estate planning. The short answer to this is that there is no specific age someone should see an attorney to plan their Will, Financial Power of Attorney and Advance Directive for Healthcare. However, you do need to be a minimum of 18 years of age. If you know […]
Using Revocable Trusts to Prevent Elder Fraud
There are many schools of thoughts on the use of Revocable Trusts, also know as Living Trusts or Grantor Trusts. Some attorneys love them as a way to avoid probate; others, including myself, are more hesitant to recommend them. My hesitancy in using them stems from the fact that in New Jersey probate is usually […]