Power of Attorney Abuse - Mateya Law Firm

Troubled by POA Abuse? Hear the outrageous stories we never saw coming, as well as what to do when they’re happening to you. You aren’t alone anymore.

Power of Attorney Abuse in Another Form

Mark Mateya2019-04-24T15:53:21-04:00May 5th, 2016|Power of Attorney Abuse|

When Aunt Gertrude appoints her niece Milly to be her agent on her Power of Attorney document, there are several presumptions at work. One of those presumptions is that Milly is willing to do what she needs to do in order to help her Aunt Gertrude. There many types of abuse of the elderly and one of the harder ones to spot is passivity.

What if Milly is indifferent to Aunt Gertrude’s situation? That’s not to say she is mean or vengeful, she is simply indifferent. An uncaring person is not necessarily a mean-spirited person. Sometimes, as a result of their […]

Power of Attorney – Problems Choosing an Agent

Mark Mateya2016-03-03T09:23:44-05:00March 3rd, 2016|General, Power of Attorney Abuse|

There are many reasons that a person may need to have a Power of Attorney document drafted. Aunt Gertrude may need someone to help her because she does not get around as well as she used to. Or she may be physically fit, but not as mentally sharp as she used to be. Aunt Gertrude may be a very good planner – a type A personality. She simply wants to have her affairs in order just in case something unexpected happens and she needs someone’s assistance.

Whatever the reason, Aunt Gertrude needs to choose someone who is trustworthy, capable and available […]

Agent’s Gone Wild!

Mark Mateya2015-10-07T12:42:10-04:00October 7th, 2015|Abuse, Power of Attorney Abuse|

Aunt Gertrude knows that she may need help one day, and her niece Milly has been asking her to come and visit the assisted living home in her town, Blissful Living. Aunt Gertrude has a few friends who live there – one of them calls the place ‘pure bliss’ while the other calls it “B S Living” in a rather un-kind way.

While Aunt Gertrude is visiting Blissful Living, she is asked if she would sign some papers, simply to ‘get her ready’ in case one day she decides to move there. She signs the papers at her Niece Milly’s suggestion. […]

Power of Attorney: Changing the Game

Mark Mateya2015-04-15T14:07:25-04:00April 15th, 2015|Estate, General, Power of Attorney Abuse|

The rules on the Power of Attorney document in Pennsylvania have changed. If your Power of Attorney was drafted before January 1, 2015, then you need to consider having a new Power of Attorney document created for you.

“Isn’t my old power of attorney still good?”
“Yes. Sort of.”
“What does ‘yes, sort of’ mean?”

It means that the document is still valid, but the old document is now read in light of the new law. There are definitions which are missing; there are new definitions which didn’t exist at the time your present POA document was drafted. You could end up with a […]

Power of Attorney: This Isn’t Fun Anymore

Mark Mateya2015-03-26T12:55:03-04:00March 26th, 2015|Abuse, Power of Attorney Abuse|

When Aunt Gertrude asked her niece Milly to be her Agent on her Power of Attorney document, Milly was only too happy to oblige. She loves her Aunt Gertrude. For the first few years, there was little to do because Aunt Gertrude was able to care for herself and make her own decisions. Both of them were happy.

Fast forward a few years and Aunt Gertrude is now in assisted living. Aunt Gertrude still insists that she can care for her own personal and financial needs. Except that she really can’t, she just doesn’t recognize it. So Milly has to “help” […]

Power of Attorney: Now That the Law Has Changed. . .

Mark Mateya2015-03-25T12:27:14-04:00March 16th, 2015|Power of Attorney Abuse|

Our Pennsylvania Legislature changed the law concerning the Power of Attorney (POA) without much fanfare. The rules about accepting or rejecting an agent’s actions (we no longer refer to them as the Attorney-in-Fact) under the authority of the Power of Attorney have changed dramatically. Even some of the basic definitions of words we have used have changed, and some definitions have been completely deleted. If you need to use your power of attorney document, or if you are appointed as the agent on someone’s power of attorney document, you need to be aware of these changes.

Banks are now routinely asking […]