Change clause in the Power of Attorney Form

Aug 6th, 2022
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How to change clause in the Power of Attorney Form

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[Music] Welcome to our Facebook live audience. So happy youre joining me today. So what were doing today is we are talking about the 10 Power of Attorney mistakes and how you can avoid them. So Im so glad you joined me today. My name is Lynn St Louis and I am an Estate Planning and Elder Law Attorney at ELG Estate Planning. So lets go ahead and get started. One more thing I want to mention: please put your questions in the chat. If thats, if youre joining us on the webinar, if youre on Facebook put them in the chat there and Colleen will make sure that I see them so I will try to answer all your questions today also stick with me to the end of the discussion today and we will send to you a free gift. Well talk about that further. Okay lets go ahead and get started. So before we can talk about the mistakes of a Power of Attorney I want to make sure you have a good understanding of what is a Power of Attorney. So when we say Power of Attorney were ta

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Dementia, mental and physical illness, substance abuse, and accidents are just some of the things that can affect a persons mental capacity. If you dont think the person you originally chose is up to the job anymore, or if theyve passed away, its time to revoke your power of attorney.
A Power of Attorney Could Leave You Vulnerable to Abuse Because of the potential that an agent could take advantage of you or steal from you, it is very important that you select the right person to act as your agent.
The agent may be given broad or limited authority to make decisions about the principals property, finances, investments, or medical care. POAs can be financial or they can pertain to health care. Both provide the attorney-in-fact with general or limited powers.
What three decisions cannot be made by a legal power of attorney? A power of attorney cannot change or invalidate a will, act outside of the principals best interest, or violate the terms of nominating documents, and cannot make decisions on behalf of the principal after their death.
While you arent financial liable, as the attorney-in-fact, youre still the point of contact for the principals debts. Creditors have a right to attempt to collect the funds that are owed. They dont, however, have a right to harass you.
In rare cases, a POA can be abused by an agent who tries to take advantage of their power over your affairs, which is a crime, ing to the National Center on Elder Abuse. Thats why its so important to choose an agent you completely trust to act responsibly.
Some states used to require the renewal of a power of attorney for continuing validity. Today, most states permit a durable power of attorney that remains valid once signed until you die or revoke the document.

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