Mark Mateya, Author at Mateya Law Firm

Power of Attorney: Careful Considerations

Mark Mateya2014-03-03T13:23:10-05:00October 14th, 2013|Abuse, General|

The best part of Aunt Gertrude being able to appoint her niece Milly as her attorney in fact (ie, her ‘power of attorney’) is that Milly can handle all of Aunt Gertrude’s money for her.

The worst part of Aunt Gertrude being able to appoint her niece Milly as her attorney in fact (ie, her ‘power of attorney’) is that Milly can handle all of Aunt Gertrude’s money for her.

How can that be? Because Aunt Gertrude is giving control of her life, not only her finances, to Milly. Milly, if she is a saint, can […]

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Re – ‘Freshening’ the Home

Mark Mateya2014-03-03T13:25:14-05:00October 3rd, 2013|General, Taking Care of Your Parents: My Own Story|

“Mom, we need to replace the carpeting” I said. “No, it’s fine” she replied. “But its old and it needs to be replaced.” I continued, “I would love for you to have the new carpeting – something to give the home a lift.” I was trying to be encouraging and bubbly.

“You are not going to spend my money or your money and replace this carpeting. It’s fine. I vacuum it. It’s fine.”

The question is, when is what you call helping not really that helpful to your aging parent? You see a dirty carpet. She sees the carpeting […]

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Terminating a Power Of Attorney Agreement

Mark Mateya2014-03-03T13:25:28-05:00September 18th, 2013|General, Power of Attorney Abuse|

If Aunt Gertrude decides that she no longer wants her niece Milly to be her attorney-in-fact (often referred to as her ‘power of attorney’), then she needs to take action. It is up to Aunt Gertrude to revoke the Power of Attorney document and to remove her niece from her position.

“I didn’t know you could do that” is the most common response I hear.

Yes, you can do that. In fact, the principal, in the case Aunt Gertrude, is in control. Aunt Gertrude needs to tell her niece Milly “I no longer want you to be my attorney-in-fact.” […]

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Administering Grandma’s Estate

Mark Mateya2014-03-03T13:25:48-05:00September 10th, 2013|Estate Planning and Administration, General|

“Where should we go for help to administer Grandma’s estate?” is a common question. The answer is to frequently “Grandma only had a copy of her last will and testament. The original is at the lawyer’s office, ‘Dewey, Cheatem and Howe.’” The response is almost always “Well then, since old Attorey Isaac Cheatem has Grandma’s will, let’s just let Dewey, Cheatem and Howe handle everything.” And so it goes. . .

Most people are unaware that the personal representative is the one who gets to decide which attorney handles the administration of Grandma’s estate. The […]

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What If My Attorney Takes Over?

Mark Mateya2013-08-23T19:14:14-04:00August 22nd, 2013|Abuse, Attorney in Fact, Power of Attorney Abuse|

When a senior citizen that you love and care for goes to visit an attorney, go with her. Aunt Gertrude should never have to go alone. Her niece Milly should accompany her. And this should be Aunt Gertrude’s attorney, not Milly’s attorney. And if it is Milly’s attorney and not Aunt Gertrude’s attorney, then there should be several meetings, not just one.

Sometimes, our senior citizens don’t have many people around them. Sometimes there is no one. So what do you do?

What if the attorney who drafts the will appoints himself as the executor of the will? And then […]

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How Much Should I Tell My Power Of Attorney?

Mark Mateya2013-08-17T11:09:23-04:00August 15th, 2013|Estate Planning and Administration|

That person you appoint as your attorney in fact, frequently refer to as your “power of attorney,” is someone you trust. So how much should you rely on them for their advice? How much should you tell them about your finances?

These questions come up regularly, and there is no simple answer.

Suppose Aunt Gertrude appoints her niece Milly as her attorney in fact through her power of attorney document. If Gertrude is slower than she used to be, and a little bit forgetful, but never tells Milly a thing about her bank accounts, Milly won’t be much help to her aunt. […]

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Mateya Law Administrator

About Mark Mateya

Power of Attorney: Careful Considerations

Re – ‘Freshening’ the Home

Terminating a Power Of Attorney Agreement

Administering Grandma’s Estate

What If My Attorney Takes Over?

How Much Should I Tell My Power Of Attorney?

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