Skip to Content

We are a Veteran Owned Business, providing 20% discounts for Veterans, First Responders, Elementary and High School teachers. Please contact us to set up a phone or Zoom meeting. Taking care of you and your family, It's What We Do!

Leaping Power of Attorney Issues in Camden County, NJ

Posted on Sat Mar 21, 2015, on Power of Attorney

From our “Ask a Question” Mailbag: Leaping Power of Attorney Issues in Camden County, NJ

Most Recently Updated July 10, 2018.

“My mother, who lives in Camden 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?”

What is a Revocable Living Trust

Leaping Power of Attorney Issues in Camden County, NJ

Leaping Power of Attorney Issues in Camden County, NJ

Your mother has a “Leaping” Power of Attorney, which, at one time, was the normal document that Camden 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.

The Problem with Leaping POAs

The problem with Leaping Powers of Attorney is that doctors, fearing lawsuits, are hesitant to sign letters declaring the person is incapacitated knowing that the letter will give power to the Agent to access the patient’s money.

Instead, the normal document drafted by a Camden County Estate Planning Lawyer these days gives the Agent the power to act as soon as the document is signed. This does present the problem of when to give the Power of Attorney to the Agent. If you give the document to the Agent, the Agent could embezzle or steal assets, using the document illegally.

What We Do

At our firm, we offer the client the free service of holding the Power of Attorney in our safes. We have written instructions that we are only to release the General Power of Attorney to the Agent if the Agent can prove to us that our client has become incapacitated. This way, the document is signed and ready to use, but the Agent cannot use the power of attorney to steal from the client. Proving incapacity is usually simple, as the client is often hospitalized by the time the Agent contacts us.

In your case, if your mother is still competent, I suggest that she consult with a Camden County Estate Planning Attorney and sign a new Power of Attorney.

More Planning Questions?

The Power of Attorney is only a piece of the Estate Planning process. By all means, if you want to learn more, please read my more detailed article, Estate Planning Everything You Need to Know.

In Conclusion: Leaping Power of Attorney Issues in Camden County, NJ

I hope that this article was helpful in explaining the leaping power of attorney. Further, I included links to even more detailed information on my website so you can learn more. Therefore, please contact me and let me know how I did. Certainly, your comments and questions are welcome!

Let our Estate Planning lawyers help walk you through what can be a confusing process. To begin with, call to speak to one of our experienced estate planning lawyers.  By all means, our lawyers are ready to answer your questions. In fact, feel free to contact our office for a free consultation. Ultimately our goal is to make the process as painless as possible!

Wills, Trusts, Probate, and Estate Litigation, It’s All We Do!

Sell Estate Property Without Beneficiary Approval

Estate Planning Attorney, Tatyana Gleyzer.

Tags:

Camden County, Estate Planning, Estate Planning Attorney, Estate Planning Lawyer, Medical Power of Attorney, New Jersey, Power of Attorney, Tatyana Gleyzer

Peter KlenkPeter Klenk

What Our clients are saying

Klenk Law Logo
Stars

Andrea Wilson

Peter is excellent. I had a very complicated situation with my parents' estate planning and potential Medicaid needs. Peter was very knowledgeable in estate planning matters, able to define the best solution for the situation. Additionally, he was congenial and able to communicate effectively to my senior citizen parents the benefits of estate planning. He earned my trust, and more importantly, my parents' trust in a 45 mins consultation period. Highly recommend Peter. He is very easy to work with.

Klenk Law Logo
Stars

A Google User

Peter is a model attorney who puts his clients first at all costs. His extensive expertise in estate planning and tax planning was a great comfort as we began, and have expanded, our family. He is very thoughtful, generous, and quick witted. His approach towards his business has been an inspiration to his peer group, and his zest for life is extremely infectious. Without reservation, I highly recommend Peter as trusted and cherished counsel

Klenk Law Logo
Stars

Chris B.

AWESOME LAWYER! Peter Klenk is an exceptional attorney and a very nice person! Today I spoke with Peter about estate planning and was impressed with by his professionalism, cordiality, and attention to detail. I highly recommend Klenk Law for probates, wills, trusts, and other issues germane to estate planning!

Klenk Law Logo
Stars

Sean Quinn

Great firm. Great people. Happy to refer folks in need to estate planning to Peter and his team. They do great work.

Klenk Law Logo
Stars

A Google User

Peter Klenk & Associates is my go-to firm for estate planning and advice in probate and estate administration. Peter and his attorneys are top-notch and exceptionally responsive. Peter has the knack of being able to explain extremely complex tax and estate planning issues in a manner that clients are easily able to understand and comprehend allowing them to confidently make important decisions.

Let us put our expertise to work for you.

Free consultation within 24 hours.