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September 2014 Archives

Durable, Limited, Whatever: Power of Attorney Is a Flexible Tool p3

We are going back to wrap up our discussion about powers of attorney. In our Sept. 22 post, we were going over the different kinds of powers of attorney. As we have said, the Commonwealth of Pennsylvania presumes that every power of attorney is durable, that it will remain in effect if the principal becomes incapacitated or passes away. In some cases, the presumption can help to avoid problems for the agent. In others, though, it could cause trouble for both principal and agent.

How to take that first step and draft your estate plan

Drafting, composing and ultimately completing your estate plan is a tough endeavor, there's no doubt about that. But the big hurdle to getting this done is, well, getting it done. So many people procrastinate or avoid dealing with their estate until it's too late, and then, their loved ones are left with a legal mess that will likely leave them with less than what you intended to leave them.

Durable, limited, whatever: Power of attorney is a flexible tool p2

We are continuing our discussion of powers of attorney. If that sentence looks awkward, it is probably because the power of attorney is both the document and the authority granted by the document. The principal may grant authority to the agent to do just about anything.

Durable, limited, whatever: Power of attorney is a flexible tool

Pennsylvania law stipulates that a power of attorney is presumed to be a durable power of attorney. As we explained in our Sept. 8, 2014, post, the authority conveyed with a power of attorney differs significantly from the authority conveyed with a durable power of attorney. The question is not really about what the agent (the person accepting the responsibility) can do. Rather, it is about how long the agent's authority lasts.

Robin Williams' estate put in the spotlight

It is not at all uncommon when a celebrity or some famous personage dies that a spate of talk arises regarding the individual’s estate plan—what they did well, what they overlooked, and how we can all learn some lesson from their example. Robin Williams is among the most recent to be subjected to this scrutiny, and we’re happy to participate in the chatter. After all, we can indeed learn valuable lessons from the way the rich and famous handle their estates.

Joan Rivers' death a high-profile exercise of power of attorney

When comedian Joan Rivers went into cardiac and respiratory arrest during an outpatient procedure, the public vigil began. For the following six days, it felt as if news outlets reported on her condition hourly. While everyone outside of her hospital room waited for a change in Joan's condition, her daughter Melissa was facing a difficult decision.

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Larmore Scarlett LLP

Larmore Scarlett, LLP
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