Abuse

Power of Attorney — Tending to Bank Accounts

Mark Mateya2014-03-03T13:18:09-05:00January 13th, 2014|Abuse, Attorney in Fact, General|

Aunt Gertrude needs to open a new bank account and her niece, Milly, is going to help. Milly is Aunt Gertrude’s attorney in fact (often referred to as her “power of attorney”). Aunt Gertrude knows everyone at the bank, and she is happy to introduce Milly to her ‘banking family.’

The bank acknowledges Aunt Gertrude’s power of attorney document, but also has both her and Milly sign a bank document as well. After signing the document, Aunt Gertrude and Milly are on their way.

Fast forward two years –

Aunt Gertrude has been doing her own banking without Milly. […]

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Power of Attorney Abuse: Choose Carefully!

Mark Mateya2014-03-03T13:20:45-05:00December 19th, 2013|Abuse, General|

If you have followed our blog posts at all, you know that we have been following Aunt Gertrude and her niece, Milly. Aunt Gertrude needs some assistance with day-to-day activities, and definitely needs help balancing her checkbook. Milly is her loving, caring niece. Milly loves her Aunt Gertrude and ‘would do anything for her.’

Aunt Gertrude needs someone to help her, but who should she choose? How should she decide who this person is going to be?

The Durable Power of Attorney is a powerful document. It gives the person you choose, called the Attorney in Fact, the authority […]

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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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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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Creating A Monster!

Mark Mateya2017-11-15T15:59:12-05:00July 15th, 2013|Abuse, Attorney in Fact, Power of Attorney Abuse|

The power of attorney document that dear Aunt Gertrude signed, appointing her niece Milly as her Attorney-In-Fact (often referred to as her ‘power of attorney’), was drafted to help protect Aunt Gertrude. She was getting older and needed help with day-to-day tasks. She also needed help with doing the ‘chores’ of life – paying her bills, sorting through the mail, etc.

The power of attorney document is the perfect way to protect Aunt Gertrude. Sort of. Let’s say it can be the perfect document to help Aunt Gertrude. In order for Aunt Gertrude to be protected as she wishes, Milly must […]

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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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Power of Attorney — Tending to Bank Accounts

Power of Attorney Abuse: Choose Carefully!

Power of Attorney: Careful Considerations

What If My Attorney Takes Over?

Creating A Monster!

Power of Attorney: Sword vs. Shield

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