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...