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Category: Power of Attorney

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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Do I need a doctor’s note to use my Dad’s Power of Attorney in New Jersey?

Posted on Thu Aug 6, 2015, on Power of Attorney

From our “Ask a Question” mailbag: My father, who lives in Atlantic County, New Jersey, is having serious health problems. He wants me to be able to use his general power of attorney, but it says I need a doctor’s note saying that he is incapacitated. Is that normal?

Your father has a “Leaping” Power of Attorney, which used to be the normal document that Atlantic County Estate Planning Lawyers would prepare. A Leaping Power of Attorney only gives the “Agent” the power to act if—and only if—the principal is incapacitated, and the principal’s doctor confirms the incapacity in a letter. Without the letter the power of attorney is useless.

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

Posted on Thu Jul 23, 2015, on Power of Attorney

From our “Ask a Question” mailbag: I have signed a General Power of Attorney giving my daughter 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 deposit box? We both live in Montgomery County, so she is close by.

The problem with putting your General Power of Attorney in your safe deposit box is that if you become incapacitated, your daughter will likely be unable to get into the box. If you have died, there is a process to open the box. But, that process is much more complex if you are still alive and incapacitated.

Klenk Law

Do I need a doctor’s note to use my Mom’s Power of Attorney in Gloucester County, New Jersey?

Posted on Fri Jul 17, 2015, on Power of Attorney

From our “Ask a Question” mailbag: My mother, who lives in Gloucester County, New Jersey, is having serious health problems. She wants me to be able to use her general power of attorney, but it says I need a doctor’s note saying that she is incapacitated. Is that normal?

Your mother has a “Leaping” Power of Attorney, which at one time was the normal document that Gloucester County estate planning lawyers would prepare. A Leaping Power of Attorney gives the “Agent” the power to act for the person if-and only if-that person has become incapacitated and the Agent can secure a letter from the person’s doctor certifying that face. Without the doctor’s letter, the power of attorney is useless.

Klenk Law

How do I revoke a Chester County Power of Attorney?

Posted on Fri Jul 10, 2015, on Power of Attorney

From our “Ask a Question” mailbag: Years ago, I gave a friend a General Durable Power of Attorney. Now I am married, living in Chester County and want to give Power of Attorney to my spouse. My former-friend 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.

Klenk Law

Revoking a Pennsylvania Power of Attorney – Steps to Take

Posted on Wed Jun 17, 2015, on Power of Attorney

From our “Ask a Question” mailbag: Years ago, I gave my friend a General Durable Power of Attorney. Now I am married, living in Delaware County and want to give Power of Attorney to my spouse. My now-former friend 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.

Klenk Law

Do I need a doctor’s note to use my Mom’s Power of Attorney in New Jersey?

Posted on Thu Jun 4, 2015, on Power of Attorney

From our “Ask a Question” mailbag: My mother, who lives in Burlington County, New Jersey, is having serious health problems. She wants me to be able to use her general power of attorney, but it says I need a doctor’s note saying that she is incapacitated. Is that normal?

Your mother has a “Leaping” Power of Attorney, which at one time was the normal document that Burlington County Estate Planning Lawyers would prepare. A Leaping Power of Attorney gives the “Agent” the power to act for the person if—and only if—that person has become incapacitated, and the Agent can secure a letter from the person’s doctor stating that the person is incapacitated. Without the letter the power of attorney is useless.

Klenk Law

Where should I store my power of attorney document in Philadelphia?

Posted on Wed Jun 3, 2015, on Power of Attorney

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

Safe deposit boxes work so well because they’re designed to keep people out. The problem with putting your General Power of Attorney in your safe deposit box is that if you become incapacitated, your daughter will likely be unable to get into the box.

Klenk Law

How can I defend my use of Power of Attorney in Gloucester County, New Jersey?

Posted on Tue Jun 2, 2015, on Power of Attorney

From our “Ask a Question” mailbag: My mother named me her Agent under her Gloucester County, New Jersey Power of Attorney, and I cared for her for years. Now my sister claims I embezzled and stole money using the Power of Attorney. How do I clear my name?

As Agent, you are permitted to retain a Gloucester County Surrogate’s 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 to object.

Klenk Law

Can I revoke or void a Power of Attorney document?

Posted on Mon Jun 1, 2015, on Power of Attorney

From our “Ask a Question” mailbag: Years ago, I gave my friend a General Durable Power of Attorney. Now I am married, living in Lehigh County and want to give Power of Attorney to my spouse. My former friend 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.

Klenk Law

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D.P.

Like another reviewer, I contacted Peter through his website using the free consultation link, for a question regarding PA inheritance taxes. The question was quite technical and difficult to explain, and the answer was nowhere to be found on the web. Peter grasped precisely what I was asking, and provided a clear, helpful response (with a touch of humor) the very next day.

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Peter G.

Very knowledgeable! Peter Klenk always has a thorough answer, and the associates have more experience than you'll find at most firms. They really only do estate work.

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Brian M.

Peter explained a complex subject very clearly, helped us to decide the best approach to managing our estate and then made it very easy for us to execute the required documents. He will be a valuable resource for years to come and clearly has a great understanding of estate law that will lead to innovative solutions for us. I would unhesitatingly recommend him for estate planning.

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Linda F.

I'm totally satisfied with Klenk Law. Peter has a great legal mind with the personality of the guy next door.

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Klenk Law is an exceptional practice. Their fine lawyers and staff team up to produce excellent results for their clients. They excel at explaining the often cryptic laws and policies that govern estate planning right down to the complexities of the various "trust" frameworks. Peter himself manages each client together with his great team, and he has a rare quality to be both a walking encyclopedia of planning minutia and also one of the most likable lawyers I have ever had the pleasure of dealing with. He is truly generous in intellect and in his personal approach to getting the "big picture" for complex family structures. I trust him implicitly to help me make the right choices for the future. In short, Klenk Law is a gem of a firm.

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