My Mom Needs a Power of Attorney; When Can I Pick It Up?

We often receive phone calls asking about Powers of Attorney.  Powers of Attorney are extremely important documents for business and health care matters, but they need to be prepared, reviewed, and executed by the individual in front of the appropriate witnesses and notary while the individual is still competent.  Additionally, as attorneys, we are required to have direct contact with the individual for whom we are preparing the Power of Attorney.  Consequently, the sooner these documents can be put in place, the better, even if the need for the documents is not anticipated for years.   You may also be unaware that a Business Power of Attorney is not valid until is recorded with the Register of Deeds office, which is makes it very important for the power holder and grantor of the power to coordinate where the original document is stored.

Blog by: Andy Porter; Practice Areas: estate planning, wills and trusts, corporate matters, and business law

If the documents are not validly executed before the individual becomes incompetent, then the only recourse is a guardianship proceeding through the courts.  Furthermore, if the individual executes the documents when there is no question about mental capacity, this will minimize the possibility that the documents may be later challenged because of the mental ability of the individual.  We will be glad to arrange a conference to discuss these matters at your convenience.

 

DISCLAIMER: THE INFORMATION PROVIDED IN THIS BLOG POST WAS PREPARED BY KLUTTZ, REAMER, HAYES, ADKINS AND CARTER AND IS INTENDED FOR INFORMATIONAL PURPOSES ONLY AND NOT, IN ANY WAY, CONSIDERED LEGAL ADVICE.

 

 

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