Often clients do Florida Estate Planning in anticipation of an overseas trip or international relocation. They often ask if they should make special considerations because of their anticipated location. Generally we advise clients that the planning is basically the same even if they will be living overseas for an extended…
The Wall Street Journal online has an article on How to Ensure Relatives Don’t Rip You Off. Also the Toronto Estate Law Blog has an article today on POA abuse. The article mentions several things that can be done to safeguard clients. 1) a provision requiring regular accounting statements from…
Today, I received a response from RocketLawyer about the article I wrote on using a Free Durable Power of Attorney and potential problems. The good news is they are asking for help to fix the problems. As noted in their email, they do encourage visitors to seek legal counsel from…
Gurfinkel v. Marmor, 32 Fla. L. Weekly D2931 (Fla. 3rd DCA December 12, 2007) The decedent’s trust beneficiaries challenged a pre-death “amendment” executed by the decedent’s spouse as attorney in fact pursuant to a valid Durable Power of Attorney . The amendment “deleted” the trust’s primary asset stock in a…
The other day, I wrote an article on the pitfalls of using a Free Florida Durable Power of Attorney. I have been thinking of a way to provide a good power of attorney for my readers. I have been unable to come up with a generic form that I feel…
Over the weekend, I read an article about a Free Power of Attorney written by Jerry Bartholomew of the Michigan Elder Law Blog and decided to look for a FreeFlorida Durable Power of Attorney. I ran across a website by H & R Block called RocketLawyer.com. This website offered me…
Although a Power of Attorney often authorizes the agent to give gifts, agents should be careful when making gifts to themselves. The Chicago Tribune has an article on an agent who gave herself $180,000 in gifts and the ensuing court battle over theft by deception, financial exploitation of an elderly…
A Power of Attorney is generally valid when you travel because a Power of Attorney valid in another state will be valid in Florida. That being said there has been a problem with out of state Power of Attorney being properly recognized in Florida. As a result Florida passed laws…
Recently we have notice that Hospice organizations are refusing to allow people to visit relatives or friends while under the care of Hospice. In these cases, the people were turned away because someone with a Power of Attorney was able to state that the person was not wanted. It is…
Florida judge who presided over the Terri Schiavo case until her death, has a new assignment. He no longer judges Florida Guardianship cases. He judges divorce cases. The Judges transfer from Florida Probate and Florida Guardianship court to family court should allow Judge Greer who is now 65 to serve…