Surprise! January 2019. By Timothy S. Barkley, Sr. Susan’s voice was urgent: “I’m at my mom’s place at the assisted living.  The social worker just told me that Mom signed a new power of attorney and replaced me.  Our sister Mary, who hasn’t been around or spoken to Mom for years, is the agent. The social worker said Mary showed up last week, and she thinks Mary brought a lawyer here to have Mom sign the power of...

Give It Away. December 2018. By Timothy S. Barkley, Sr. Mom and Susan flanked the lawyer, who addressed Mom: “If I recall correctly, Susan and I had discussed making sure you qualify for Medicaid by giving some of your investment real estate to the kids. Is that what you want to talk about?” Susan assented, “Mom and I talked, and she agreed that the nursing home shouldn’t have everything.  She said she and Dad had worked hard to get what...

Change of Pace. November 2018. By Timothy S. Barkley, Sr. The threesome came through the door slowly, helping along Mom on her walker.  The attorney welcomed them back to the conference room, helped to seat Mom and stow her hardware.  The trio declined coffee or tea, but Mom accepted a glass of water. A tall middle-aged woman, obviously accustomed to her role as spokesperson for the group, provided introductions.  “I’m Susan, this is...

Aching Joints. October 2018. By Timothy S. Barkley, Sr. “When my husband died, my kids wanted me to put them on the house.  I haven’t done it yet – should I?  My daughter lives locally, and she’s on my accounts so that if something happens to me, she can take over.” Mrs. Selby was visiting her attorney to discuss updating her will after the death of her husband of over forty years.  She was testing “conventional wisdom” against...

By Hook Or By… September 2018. By Timothy S. Barkley, Sr. The phone rings a lot. “My sister who lives with Mom never lets me talk to Mom or see her. When I call she hangs up the phone, and if I come to her house she pretends nobody is home. She even disconnected the doorbell. I think she told Mom I was dead. I just went to the adult day care that I heard Mom was at, and she was there, so I took her out to lunch. She cried and told me she...

Power of Attorney. August 2018. By Timothy S. Barkley, Sr. A power of attorney is one of the most important – but often overlooked – instruments in your arsenal against the vagaries of life. When you need it, it’s too late to get it, so you need to plan for yourself and your loved ones now. A power of attorney is a document that names one person, called the “attorney in fact” or “agent,” to act on behalf of another person, the “principal.” The...

Guardianship. July 2018. By Timothy S. Barkley, Sr. The lawyer’s telephone rang.  A man’s voice on the other end spoke urgently: “My name is Henry Jones.  My mother, Ophelia Jones, fell yesterday and is in the hospital.  I saw a power of attorney on her desk with your card.  Did she sign it?” “I’m sorry, Henry” replied the attorney.  “I hope she’ll be OK.  Your mother only took it home a few weeks ago to review it, and hadn’t called to set up a...

Less Complicating. June 2018. By Timothy S. Barkley, Sr. First, the phone call. “Can you look over our wills and trusts?  It’s been a few years, and we want somebody to make sure they’re up-to-date. And we’re going on vacation and want to make sure everything is covered in case something happens.” Certainly. Let’s get together. Next week? The meeting. “We had this done about twenty years ago by a lawyer in Rockville. I read your articles, and I...

By Timothy S. Barkley, Sr. May 2018. Our last installment ended with our intrepid caregiver, Elizabeth, lamenting, “That’s what scares me.  Who can help me put together a plan?” Her attorney nodded.  “It is a scary situation.  The thought of your mother coming home from rehab to an apartment that she can’t access, living alone there with your father who has become unable to handle life’s realities, is frightening.” Elizabeth...

By Timothy S. Barkley, Sr. April 2018. The attorney’s phone rang. He activated his headset, “This is Tim.” “Good morning! This is Elizabeth Johnson. I need to talk to you. It’s about my parents. My mother fell last night, and was taken to a local hospital with a broken hip. She hit her head, too, when she fell. My dad is upset, and not making much sense.” They met a couple of hours later. “I’m sorry about your folks!” “Thank...

By Timothy S. Barkley, Sr. March 2018. The bell on the outside doorknob jangled, startling the attorney out of his reverie. It had been a long day, and there was another client appointment pending. He straightened, stretched and strode to the waiting room. A middle-aged couple stood waiting there. He held out his hand, introducing himself. They reciprocated, “Albert Johnson, but you can call me Bertie.” “Elizabeth Johnson, and please...

By Timothy S. Barkley, Sr. February 2018. “My brother said we should just download a will off the Internet for our mother, but that made me nervous. I didn’t understand it, and when I asked what things meant, he got mad at me. I don’t think he understood it, either.” I looked at the Will. It left everything to Mom’s three children, whom we will call A, B and C, and provided that if “any” of them died, the estate would be distributed to “their...

By Timothy S. Barkley, Sr. January 2018. With the opening of each year comes a new opportunity to consider your estate plan and make sure it is up-to-date – or to make one if you don’t have on already!  Because we are time-bound mortals, the change of seasons reminds us of changes in our lives and of their fragility. Have you ever drafted documents at all?  If not, you should know that the State’s choices on your behalf are not usually the best...

By Timothy S. Barkley, Sr. December 2017. “So first, I need to know a little about you. Married?” “Yes.” The hirsute gentleman nodded his head. “Will your spouse be joining us?” “No,” he said, “this is something I need to get done real soon. I leave for a business trip in a week and want this signed before I leave. Can you do that? I’ve been putting this off for a long time and promised the wife I’d get it done before I go.” “When do you...