Blog & Resources

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.

From our “Ask a Question” mailbag: “My mother lives in Philadelphia and is getting divorced. Does she need an estate lawyer in PA? Does divorce and estate planning go together?”

From our “Ask a Question” mailbag addresses the issue of combining a medical power of attorney and divorce.

“I gave my wife my medical power of attorney and divorce started soon after. During our divorce proceedings, does my wife still have the power to pull my plug?”

Our “Ask a Question” mailbag addresses the issue of which documents to change when divorcing.: “My Wife is divorcing me, what estate planning documents should I change to protect myself?”

“I am not sure which documents to change when divorcing. My Wife has filed for divorce, what estate planning documents should I change to protect myself?”

From our “Ask a Question” mailbag: My son does not get along with his stepfather and wants to move to another state to live with relatives. He won’t turn 18 for another year. How do I manage medical decisions for him if he is in another state?

For non-emergency medical care, there is likely no problem as you can communicate with his local doctor and give authorization for examinations or minor care. Work with his doctor and give their office the authorization that they request.

Periodically reviewing your Pennsylvania estate plan is critical. Significant life events including marriages, children and moving can dramatically affect how your assets are distributed. Other issues such as changes in state and federal laws can also affect your intended estate plan. In addition to your plan failing, old and unreviseddocuments can delay probate, and in some cases end up in litigation. These are some of the many reasons reasons to periodically review your estate plan to ensure it still reflects your intentions.

Decades ago, when I started my practice as an estate-planning attorney, there were rumblings about how modern medicine was changing the way people died. For most of human existence death came quickly from an illness or injury about which physicians could do nothing. Now, advances in medical knowledge allow us to battle death, giving us more time with our loved ones. But this same gift often makes the dying process a long, slow struggle against an incurable disease or untreatable injury. Sometimes, after a long struggle with illness and with full knowledge that death is certain and the future holds nothing but suffering, a person will decide to voluntarily stop eating and drinking (“VSED”), which hastens the inevitable end.

Every modern medical advance to make our lives better brings with it new challenges and problems we must address.