AVOIDING ENTANGLEMENTS

July 2022. A good lawyer helps you and your family navigate the court system, and that’s a great thing if that’s what you need. But preventative lawyering can help you and your family avoid entanglements in the court system in the first place. Our firm is currently...

TO SPRING OR NOT TO SPRING

June 2022. “Your power of attorney is drafted to be effective as soon as you sign it. Your agent … your children acting on your behalf … don’t have to prove you’re incompetent before writing checks for you or directing your medical care.” The client raised her...

DIRECT BENEFIT

March 2022. “We need to update our wills,” he said. “Yes,” she added, “and we need powers of attorney, and medical directives.” The attorney nodded toward her. “Actually, those documents are at least as important as your wills. Your POAs and directives are used for...

I OBJECT! THE ART OF DRAWING UP ESTATE DOCUMENTS

February 2022. When I draft documents, I’m always trying to anticipate who might object and what they might object to. Then we draft around the anticipated objection. When we’re drafting a will, the rules are fairly clear and part of the public record – laws and...

ELUSIVE INCOMPETENCE – A CAUTIONARY TALE

By Tim Barkley. February 2021. “My dad is in assisted living. We need to pay his bills, but his power of attorney says it only works if he’s incompetent. I can’t get anybody to say he’s incompetent. They say the doctor will check up on him and make an evaluation, but...