Attorney in Fact

//Attorney in Fact

Power of Attorney Abuse – How Does It Start?

2017-01-17T22:18:36+00:00 August 20th, 2014|Attorney in Fact, Power of Attorney Abuse|

When Aunt Gertrude appointed her niece Milly, she believed Milly would do the right thing and take care of her. She didn’t know the meaning of the word “fiduciary.”  She simply needed Milly to help her as she was aging.

Milly never set out to steal from her Aunt Gertrude. She loves her Aunt. She remembers her from when they were both younger. Aunt Gertrude was her favorite.

So what happened?

Need and greed are the two most common elements. Aunt Gertrude trusted Milly with her check book or her bank card, and Milly bought the groceries and paid the bills for her […]

Power of Attorney — Tending to Bank Accounts

2014-03-03T13:18:09+00:00 January 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. […]

What If My Attorney Takes Over?

2013-08-23T19:14:14+00:00 August 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 […]

Creating A Monster!

2017-11-15T15:59:12+00:00 July 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 […]

What If My Attorney In Fact Moves Out Of State?

2017-11-15T15:59:13+00:00 August 29th, 2012|Attorney in Fact|

In today’s mobile society, not too many of us stay in one place anymore. So how does that affect our choice on our power of attorney document? Your attorney-in-fact (the person you normally refer to as your ‘power of attorney’) probably lived nearby when you drafted your power of attorney document. What happens when they move away?

Let’s apply this to Aunt Gertrude and her niece Milly (and if you don’t know who they are, back up from today’s blog and follow their adventures from earlier blogs).

Aunt Gertrude is being helped by her niece Milly. Aunt Gertrude can still get around, […]

What Happens When the Attorney in Fact Won’t Act?

2017-11-15T15:59:38+00:00 February 12th, 2012|Attorney in Fact|

Mom is being cared for by her attorney in fact (the person who is appointed through the power of attorney document). The attorney in fact tries to do his best in caring for Mom, but there is a problem. . .a sibling who doesn’t want the attorney in fact to be there to help Mom.

Let’s suppose that our Aunt Gertrude was being helped by her niece Milly, as in our earlier discussions. Aunt Gertrude appointed Milly because she trusted her to make the best decisions for her that she could. Let’s suppose further that Milly has always acted in Aunt […]