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Category: Power of Attorney

Power-of-Attorney-Abuse

Power of Attorney Abuse

Posted on Wed Sep 7, 2016, on Power of Attorney

From Our “Ask a Question” mailbag: “I have heard stories about Power of Attorney abuse and theft. So, where do I keep my Power of Attorney?”

Power of Attorney abuse is a real problem. A typical durable general power of attorney gives your “Agent” the authority to access your accounts and sell your assets. These capabilities are essential so your Agent can take care of you. But, they are also powers that can lead to theft and fraud.

Klenk Law

Power of Attorney Gifting Powers Could Leave You Penniless

Posted on Wed Aug 10, 2016, on Power of Attorney

Ask a Question” mailbag: “Can my son use my power of attorney to give away all my property?”

A Durable Power of Attorney gives your “Agent” the right to make financial decisions on your behalf during your lifetime. Each power of attorney can be unique. I need to examine your actual document to answer the question, can your son use that particular document to legally make gifts to himself, but here are some facts. A durable power of attorney can give your son the right to make unlimited gifts. In other words, your Power of Attorney could allow your son to legally leave you penniless.

Klenk Law

How to defend my use of Power of Attorney in Atlantic County, New Jersey?

Posted on Wed Oct 21, 2015, on Power of Attorney

From our “Ask a Question” mailbag: My brother named me his agent under his Atlantic County, New Jersey power of attorney. Now my sister claims I embezzled and stole money using that power of attorney. How do I clear my name?

As agent, you are permitted to retain an Atlantic County Surrogates Court Attorney to assist you in filing a Formal Accounting of all your actions as Agent. This accounting is then provided to all interested parties, who are free to either accept the terms or object. If they file objections, you are then able to address these objections in front of a judge. In the end, the judge then rules on the evidence presented.

Klenk Law

Where should I store my power of attorney in Bucks County?

Posted on Tue Sep 15, 2015, on Power of Attorney

From our “Ask a Question” mailbag: I have signed a General Power of Attorney giving my girlfriend the power to act for me, but I don’t want her to have it yet. I only want her to have it when (and if) I become unable to care for myself. Should I keep it in my safe at home? We both live in Bucks County, so she is close by.

The problem with putting your General Power of Attorney in your safe is that if you become incapacitated, your girlfriend will likely be unable to get into the safe. You could give her the combination to the safe, but that runs contrary to your wish. If she has the combination, she can get to the General Power of Attorney at any time. This is a common problem.

Klenk Law

Changing the Philadelphia Power of Attorney

Posted on Mon Sep 14, 2015, on Power of Attorney

From our “Ask a Question” mailbag: Years ago, I gave my husband a General Durable Power of Attorney. Now I am divorced, living in Montgomery County, and I want to give Power of Attorney to my daughter. My Ex will not give me the old Power of Attorney. Can I revoke or void the Power of Attorney if he still has the original?

Yes, you can void a Power of Attorney at any time as long as you have the requisite mental capacity. Your situation will be a little more complex, as you have given the original document to your former agent. I have not seen that Power of Attorney, but it may have a paragraph that states that banks and others need not confirm with you that the document is still in power.

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