Power of Attorney

20 Sep BEWITCHED, BOTHERED AND BEWILDERED: FAMILY’S PERSPECTIVE WHEN PARENT HAS NO POWER OF ATTORNEY

Posted at 14:21h in Estate Planning, Financial Powers of Attorney, Inheritance, Michael Cohen Dallas Elder Lawyer, Power of Attorney, Social Security

Financial powers of attorney may be the most (if not one of the most) important documents that almost everyone should have as illustrated by the following sad (but true) story: Husband dies (with a Will) and leaves everything (although the estate is not large) to wife....

20 Apr WITH POWER COMES THE ABUSE OF POWER – HOW TO REVOKE A POWER OF ATTORNEY

Posted at 02:00h in Power of Attorney

A durable financial power of attorney (“POA”) is generally an essential part of any estate plan. In fact, it may be the most important document since it is often the most powerful as it often gives the agent the authority to deal with all of...

11 Aug 16 WAYS TO AVOID GUARDIANSHIP OF THE ESTATE

Posted at 20:29h in Guardianship, Power of Attorney, Trusts

Guardianship if often an expensive legal process which should be avoided if possible. Thus, planning should be considered as an alternative to guardianship. Guardianship is often needed for an incapacitated person. Texas law defines an “incapacitated person” as: a minoran adult, who because of a physical or mental condition,...

28 Jun COURT RULES TIGER KING TO BE DECLAWED IN BIG CAT FIGHT – LOSES ZOO

Posted at 17:58h in Power of Attorney

Joe Exotic, the so-called “Tiger-King” in the Netflix hit docuseries during the pandemic who was found guilty of paying a hitman to kill his arch-nemesis, Carole Baskin, lost his zoo, G.W. Exotic Animal Memorial Park, to Baskin pursuant to a court order on June 1,...

01 Jun MURDER, SHE WROTE? WOULD “TIGER KING” NEMESIS BE TEXAS TOAST UNDER TEXAS ESTATE LAWS?

Posted at 14:19h in Power of Attorney, Texas Bar Today Top 10 Blog Posts, Wills

The recent Netflix series “Tiger King” focused on the feud between an Oklahoma private zookeeper (of big cats such as tigers and lions) known as “Joe Exotic” (herein “Exotic”) who also called himself the “Tiger King” and big cat animal rights preservationist, Carol Baskin (“Baskin”)....

16 Jan FIVE REASONS WHY YOU SHOULD NOT USE A STANDARD FORM FINANCIAL POWER OF ATTORNEY

Posted at 16:23h in Power of Attorney

When it comes to estate planning, most immediately think about planning for their death first. However, approximately 30% of Americans will become disabled or incompetent at some time during their lifetime. A Will only becomes effective at your death – not if you are disabled....

02 Nov AGENCY UNDER A POWER OF ATTORNEY: SERVICE BY SOME BUT AGENT ORANGE TO OTHERS

Posted at 19:22h in Elder Justice, Power of Attorney

Financial powers of attorney are commonly used to give authority to a trusted individual (the “Agent”) to handle assets of the one who signed (the “Principal”) the power of attorney. The power of attorney is an important estate planning document especially if the Principal should...

11 Jul AM I MY PARENT’S KEEPER? Adult children sometimes personally liable for nursing home bill of parent

Posted at 19:02h in Assisted Living, Nursing Home, Power of Attorney

Federal laws prevent a nursing home from requiring a third party (often a child or other family member of resident) to be held personally liable as a condition for admission – but nursing homes often say they will not make changes to its admissions contract...

21 Aug WILL NEW LAW RESULT IN INCREASED ACCEPTANCE OF DURABLE POWERS OF ATTORNEY?

Posted at 11:00h in Estate Planning, Financial Powers of Attorney, Power of Attorney, Uncategorized

Many are surprised that financial powers of attorney do not have to be recognized by others including banks and other financial institutions. If the principal (the one who signs the power of attorney) becomes incompetent and the one who is presented with and asked to...

07 Sep WHAT DO YOU MEAN I CAN’T SAVE MY HOME IF A POWER OF ATTORNEY IS USED?

Posted at 09:02h in Power of Attorney

One of the most common misconceptions is that a Power of Attorney will be recognized by all financial institutions and title companies. Due to concerns about abusive actions of agents and potential liability, financial institutions and title companies often do not recognize financial Powers of...