Power of Attorney Abuse

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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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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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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How to Prevent Power of Attorney Abuse

Mark Mateya2017-11-15T15:59:12-05:00July 2nd, 2013|Power of Attorney Abuse|

“The best defense is a good offense.” This saying translates to many sports, and most of us have heard that statement at one time or another. When thinking of ways to assist our seasoned citizens, we can apply the same maxim – the best defense is a good offense. Let me use Aunt Gertrude and her niece, Milly, to explain.

When Aunt Gertrude chose her niece Milly as her Attorney In Fact, often referred to as “her Power of Attorney,” she gave a great deal of power and authority to Milly. Milly could write checks for Aunt Gertrude, she could withdraw money from […]

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