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...

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 Tim Barkley. November 2016. Elderly and alone, my client had faced the future with fear. Widowed and childless, she relied on her money to secure her the attentions of her neighbors and nieces. Money was the carrot; the stick was her threat to write them out of the will. Ambitious and unscrupulous, some of the recipients believed they had found an opportunity too good to pass up. They became perpetually importunate, sad faces masking an...

By Tim Barkley. July 2013. “Well, thank you for your time, your Honor.” The hearing on emergency guardianship had concluded in manner not entirely satisfactory to Susan and her brothers. “All rise!” directed the bailiff, as the judge departed the courtroom. Mary smirked at her siblings and left, wheeling her mother out. Susan turned to the lawyer with a stunned expression: “What just happened?”...