Mateya Law Administrator

About Mark Mateya

This author has not yet filled in any details.
So far Mark Mateya has created 171 blog entries.

Abusing the Power of Attorney Document in Death

2017-11-15T15:59:13-05:00July 2nd, 2012|Abuse|

Aunt Gertrude’s power of attorney document grants her niece Milly (the attorney in fact) the power and authority to act for her as long as she (Aunt Gertrude) is still alive. Milly must use her best efforts to care for her Aunt Gertrude (the principal) and only take actions which benefit her. But the fact is the niece Millys of the world don’t always do what is best for their Aunt Gertrudes.

Could Milly, as the attorney in fact, write a will for Aunt Gertrude which leaves everything to herself? The standard wisdom is “no.” A resounding NO! The whole idea […]

A Defining Moment

2017-11-15T15:59:13-05:00June 18th, 2012|Taking Care of Your Parents: My Own Story|

With all that I’ve shared over the past several dozen blogs, I have danced around, as we all do, one of the main questions that none of us who are caring for an aging loved-one ever wants to face: “What will I do if I think Mom is no longer able to live alone and care for herself?”  I pray you never reach that moment or, if you do, you reach it with your aging parent’s participation.

With my mom, we are facing that ever-increasingly obvious question. We are trying valiantly to allow Mom to stay where she is comfortable, where […]

Taking Control of Aunt Gertrude’s Estate

2017-11-15T15:59:13-05:00June 18th, 2012|Estate|

If you have been following our story of Aunt Gertrude and her niece and attorney-in-fact, Milly, you have heard me spin some real yarns about what Milly has done. Today, let’s look at what could happen after Aunt Gertrude dies.

Suppose Aunt Gertrude had trusted Milly for years and that for years Milly was trying to do all she could to help her dear Aunt. Then, a few years before Aunt Gertrude passed away, two events happened which changed everyone’s life forever. First, Aunt Gertrude was diagnosed with an incurable disease which would eventually take her life and, in the […]

If It Doesn’t Bother Mom. . .

2017-11-15T15:59:38-05:00June 14th, 2012|Taking Care of Your Parents: My Own Story|

Sometimes, when we’re wrestling with the nuances of taking care of our 86-year-old mother, we stumble over our own feet.

One of us will say “We must replace that old chair. It’s so worn and beaten down, it looks awful and it”s so hard to get in and out of.” Or another of us will will say “I know Mom isn’t getting enough vegetables. She eats the same thing all the time.”

Both of these statements may be true, but you have to balance doing what is ‘right’ with allowing Mom to have things the way she likes them. One thing I […]

Power of Attorney: Oversight (Part II)

2017-11-15T15:59:38-05:00June 14th, 2012|Power of Attorney Abuse|

The problem inherent when appointing someone as your attorney in fact (through the power of attorney document) is oversight. Who is watching the person who you have appointed as your attorney in fact? And if you are saying “Why, my niece is my ‘power of attorney.’ She would never do anything that would cause me harm.” If you’ve just had this thought, you need to go back to the beginning of this blog and review some of the things that my fictional character “Milly” has done to her “Aunt Gertrude.”

These characters are fictional, but I have personally witnessed everything […]

Approaching an Uncomfortable Topic

2017-11-15T15:59:38-05:00May 10th, 2012|Taking Care of Your Parents: My Own Story|

The first time we tried to have all of Mom’s estate planning documents reviewed, she balked. She did not want to address ‘that stuff.’ We weren’t in any hurry for Mom to need a will or a power of attorney document, but we also didn’t want to be in an emergency situation later, trying to hurriedly get done what should have already been in place.

The second time (probably six years between the first and second attempts) we were more insistent, and Mom was slightly more amenable to the task. Never mind that we had to sit on either side of […]

Go to Top