Mark Mateya, Author at Mateya Law Firm

Power of Attorney: Sword vs. Shield

Mark Mateya2017-11-15T15:59:12-05:00May 9th, 2013|Abuse, Power of Attorney Abuse|

When does the power of attorney become a sword instead of a shield? It is clearly designed to be a shield to those who have it. Too often, however, the attorney-in-fact appointed in the power of attorney document becomes inflated with the power and authority he or she possesses. Consider these examples of abusing the power of attorney document:
• A daughter, towering over her mother and screaming at her, “You can’t invite anyone to hunt on your property! I have the Power!”
• A son sells his father’s house to himself using the power of attorney document. The house is valued […]

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When is it too dangerous to stay in your home?

Mark Mateya2017-11-15T15:59:12-05:00March 25th, 2013|Taking Care of Your Parents: My Own Story|

My brothers and I continue to “help” our aging mother. Many of you have followed our journey and know that we have been doing our best to wrestle with the senior issues.

Her house is clean. . .more than not. She does her best, and has help three days a week. Mom eats really well. . .when one of us is there. She interacts with us when we visit. She’s trying to maintain her life style, but her frailty shows through.

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How to Limit the Power of Attorney

Mark Mateya2017-11-15T15:59:13-05:00November 20th, 2012|Power of Attorney Abuse|

A power of attorney document, as we have seen with Aunt Gertrude and her niece Milly, is a powerful document. Milly can do a world of good for her dear Aunt Gertrude, or she can misuse her power to enrich herself.

What if Aunt Gertrude decides that she wants to limit Milly’s ability to act on her behalf? Suppose Aunt Gertrude is concerned that she may be tempting Milly too much by giving Milly her checkbook. What can Aunt Gertrude do?

Aunt Gertrude can grant her niece a limited power of attorney.A limited power of attorney, as the name suggests, has some […]

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Working With Professional Caregivers

Mark Mateya2017-11-15T15:59:13-05:00September 27th, 2012|Taking Care of Your Parents: My Own Story|

If you have hired a professional caregiver, as my brothers and I have for our mom, then you have another voice, another variable in the mix. If your caregiver is a part time helper, then you have someone who sees your elderly parent in snippets of time. Like looking briefly through a window. If your caregiver is a twenty-four hour a day caregiver, then you have a whole different set of concerns. This brief blog cannot cover both — only the part time caregiver is addressed here.

Our caregiver, I’ll call her Donna, sees Mom twice a week for a […]

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Your “Power of Attorney” Did What?! How to Keep Your Attorney In Fact in Check

Mark Mateya2017-11-15T15:59:13-05:00September 27th, 2012|Power of Attorney Abuse|

When we hear stories of the abuse of power of attorney document, we’re often amazed at the gall and boldness that accompany the actions of the attorney in fact (the person who is appointed on the power of attorney document). One of the main reasons that Aunt Gertrude chose her niece Milly (our two fictitious characters for purposes of this blog) as her attorney in fact was that she trusts Milly to do the right thing.

An attorney in fact has a duty of loyalty to the person who appointed her (the principal). So Milly owes a duty of loyalty to […]

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When There Is More Than One Opinion On What to Do Next, What Do You Do Next?

Mark Mateya2017-11-15T15:59:13-05:00August 29th, 2012|Taking Care of Your Parents: My Own Story|

Mom is doing well, having a caregiver come into her house to visit with her once a week. The idea, of course, is to have the care-giver there to do the things that are hard for Mom to do on her own. Pulling the bed clothes, doing larger cleaning projects, cooking meals that involve more than the microwave, etc.

Mom now knows that Saturday is the day when Sharon (not her real name) arrives. So Mom tries to make sure the house is clean before she gets there. On one hand, it misses the point. On the other hand, however, it’s […]

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Mateya Law Administrator

About Mark Mateya

Power of Attorney: Sword vs. Shield

When is it too dangerous to stay in your home?

How to Limit the Power of Attorney

Working With Professional Caregivers

Your “Power of Attorney” Did What?! How to Keep Your Attorney In Fact in Check

When There Is More Than One Opinion On What to Do Next, What Do You Do Next?

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