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So far Mark Mateya has created 171 blog entries.

Power of Attorney Abuse: Changes in the Law, not in Morality

2014-07-21T10:57:32-04:00July 21st, 2014|Abuse|

            The law has changed concerning the Power of Attorney document. There are many technical changes, some which deal with protecting the principal, that is, the person signing the document. There are some changes which protect the banks and others from reliance on a defective power of attorney document.

            The thing that did not change, and likely cannot change, is that the person who is appointed as the agent, or attorney-in-fact, for the principal, still has a moral obligation to do the “right thing.”  Many hours, and countless cups of coffee (or glasses of adult beverages) have been imbibed while […]

Taking Care Of Your Parents; My Own Story – Progress

2018-01-25T22:26:59-05:00July 21st, 2014|Taking Care of Your Parents: My Own Story|

    It has been most of a year since my mother moved into assisted living. We have seen her health improve, and we have watched her make new friends.  She attends church services every Sunday, something she did when she was younger and had her health, and she likes it very much when my brothers and I visit with her.

            So did my brothers and I make the right decision in forcing my mother to leave the home she loved for more than 40 years in order to move 4 hours away into an assisted living facility where she […]

Estate Planning – Planning For “The Problem Child”

2014-06-16T10:39:16-04:00June 16th, 2014|General|

      When I have a parent (or parents) in my office for whom I am drafting a last will and testament, it is always interesting to watch the reaction to my question, “Is there a problem child in your family?” When there is, the reaction is always immediate. The parent acknowledges the child who will be the one to ‘cause trouble’ after he or she is gone. This requires special drafting if you want to be sure that your wishes are carried out without shenanigans.

      Drafting your will requires thought and planning. You may put requirements that precede any gifts […]

Power of Attorney Abuse: How Do I Reign Her In?

2014-04-29T15:18:17-04:00April 29th, 2014|Abuse|

            Suppose Aunt Gertrude, who is up in years, has appointed her dear, sweet niece Milly to be her attorney in fact (commonly referred to as her “power of attorney”). What if Milly starts taking actions which take advantage of Aunt Gertrude? What should she do?

            The short answer is to remove Milly. When? Now.

            That, unfortunately, is sometimes easier said than done. Aunt Gertrude may be dependent upon Milly for daily chores, banking, and even simple things like grocery shopping. Aunt Gertrude may feel helpless. There are a few things that can be done.

            First, Aunt Gertrude can phone […]

Estate Administration – Taking Care Of Your Loved One’s Estate

2014-04-21T10:28:04-04:00April 21st, 2014|Estate Planning and Administration, General|

          When a loved one passes away, you might feel the need to ‘rush in’ and take care of all of the loose ends and details. Don’t do it. Your family or loved one’s family needs you right now. Keep your focus there, where it needs to be.

          Of course, there are funeral arrangements and similar details which must be addressed in a timely manner. Beyond that – most of the issues surrounding estate administration can wait. Give yourself time to grieve your loss.

           The first deadline in most estates comes 90 days after the date of death. […]

Taking Care of Our Aging Parents

2014-04-09T09:46:08-04:00April 9th, 2014|Taking Care of Your Parents: My Own Story|

Taking Care of Our Aging Parents “What do you have there?” 

“Nothing”

“Then let me see it.”

“No!”

This might sound like a conversation between you and your five-year-old who is suspiciously hiding something behind her back. It could be. Or, it could be that your aging parent just walked into the room while you were reviewing a brochure for the local nursing facility.

As an estate planning attorney, I assist my clients in drafting wills, powers of attorney, living wills, trusts, and all manner of documents which help put their estate plan in place. But sometimes, the legal documents are the easier […]

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