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The Law Office of Dana L. Green, APC

Estate Planning Attorney, Wills, & Probate in San Diego, California

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Estate Planning

Court Case Illustrates the Danger of Using an Online Power of Attorney Form

October 27, 2021 By The Law Office of Dana L. Green, APC

A recent court case involving a power of attorney demonstrates the problem with using online estate planning forms instead of hiring an attorney who can make sure your documents are tailored to your needs.

Mercedes Goosley owned a home in Pennsylvania. In 2013, she named one of her six children, Joseph, as her agent under a power of attorney using a boilerplate form that Joseph downloaded from the internet. Unbeknownst to Joseph, the power of attorney required Mercedes to be declared incompetent for Joseph to act as her agent.

Powers of attorney can be either immediate or springing. An “immediate” power of attorney takes effect as soon as it is signed, while a “springing” power of attorney only takes effect when the principal becomes incapacitated. The problem is that springing powers of attorney create a hurdle in order for the agent to use the document. When presented with a springing power of attorney, a financial institution will require proof that the incapacity has occurred, often in the form of a letter from a doctor.

In this case, Joseph began acting for Mercedes without getting a declaration of her incompetency. After she moved into a nursing home, Joseph listed her home for sale and accepted a purchase offer as agent for his mother under the power of attorney. At the time, Joseph’s brother, William, was living in the home, and Joseph instructed William to move out. This resulted in a dispute that ended up in court, with William arguing that Joseph did not have authority to act as his mother’s agent. A Pennsylvania appeals court eventually determined that Mercedes had intended to execute an immediate power of attorney as evidenced by the fact that Joseph had held himself out as Mercedes’ agent since 2013 and routinely conducted affairs on her behalf without Mercedes restricting or objecting to his agency.

While the court ultimately ruled in Joseph’s favor, Joseph and Mercedes could have saved time and money by consulting with an attorney before signing the power of attorney. An attorney would have been able to explain the difference between an immediate and springing power of attorney and tailor the power of attorney to Mercedes’ needs.

This case took place in Pennsylvania, but the concept is the same here in CA and elsewhere.  What is important is that you talk with your attorney before creating any estate planning documents.

To read the court’s decision in the case Stecker, et al v. v. Goosley, et al (Pa. Super. Ct., No. 1266 EDA 2020, April 15, 2021), click here.

For your complimentary estate planning consultation, contact Dana Green today.

 

Filed Under: Dana Green, Estate Planning Attorney, San Diego, Estate Planning, Power of Attorney

Take Time to Write: A Letter to Your Loved Ones Is An Important Part of Your Estate Plan

April 9, 2020 By The Law Office of Dana L. Green, APC

If you’re stuck inside during the COVID-19 lockdown, you might have some extra time to think about your estate plan.

One of the most important things you can include in your estate plan is a personal letter. This would be a perfect time to gather the following information and write a letter as a helpful part of your legacy.

12 Important Topics to to Include in Your Estate Plan Letter:

  1. A list of all of your assets and the location of any assets that may not be readily accessible
  2. All of your account information, including passwords, PIN numbers and account numbers, for any bank accounts, retirement accounts or life insurance policies.
  3. Contact information for anyone who helps you with your finances, including attorneys, brokers, bankers and financial advisors.
  4. Informal directions about how you would like the trustee/executor to disperse your heirlooms or other sentimental possessions.
  5. If you’d prefer people to make donations in lieu of flowers at your funeral, information about which charities you prefer.
  6. Where your trustee/executor can find your most recent tax returns, social security statements, birth certificate and other important documents.
  7. Where your trustee/executor can find any real estate titles/deeds or oil and gas leases, etc.
  8. Your Social Security number
  9. Where your trustee/executor can find any divorce, citizenship papers, military records or applications.
  10. Contact information for any creditors (mortgage, car, credit cards, etc…)
  11. If you have pets that will need a home, who should your trustee/executor contact when the time comes.  Include any information that your pet’s new owner would need to know (food, medications, allergies, favorite bed or toy, vet, etc…)
  12.  Words of Wisdom

Just copy this list into a document and start filling in the blanks. This letter will be an invaluable gift.

Don’t forget to make yourself a copy… keep it somewhere securely and you might even find yourself referring to it often to find contact information and important information!

Filed Under: Estate Planning, Wills

Give Your Estate Plan a Checkup

September 17, 2012 By The Law Office of Dana L. Green, APC

 

To learn more check out the article at the link below. Article by Deborah L. Jacobs found in Forbes Magazine.

VIEW ARTICLE HERE: Give Your Estate Plan a Checkup

Filed Under: Advanced Health Care Directives, Avoid Probate, California Probate, Dana Green, Estate Planning Attorney, San Diego, Encinitas Estate Planning Attorney, Estate Planning, Estate Tax, Financial Guru, Health Care Directive, HIPPA Authorization, Irrevocable Trust, Living Trust, Living Wills, Power of Attorney, Revocable Living Trust, Taxes, Wills

Do You Need a Financial Guru?

September 11, 2012 By The Law Office of Dana L. Green, APC

Do You Need a Financial Guru? Article by Karen Cheney and Ashley Tate, Real Simple Magazine.

Dana Green’s Estate Planning practice covers two of the four areas mentioned in this article.

Website Disclaimers

Filed Under: Advanced Health Care Directives, Estate Planning, Estate Tax, Financial Guru, Health Care Directive, Living Trust, Medical Billing Advocacy, Power of Attorney, Revocable Living Trust, Wills Tagged With: Carlsbad Estate Planning Attorney, San Diego Estate Planning Attorney

25 Documents You Need Before You Die

September 11, 2012 By The Law Office of Dana L. Green, APC

For more information check out this article from the Wall Street Journal (July 1, 2011) at the link below:

VIEW ARTICLE HERE: 25 Documents You Need Before You Die

Website Disclaimers

Filed Under: Advanced Health Care Directives, Avoid Probate, California Probate, Dana Green, Estate Planning Attorney, San Diego, Estate Planning, Estate Tax, Financial Guru, Health Care Directive, HIPPA Authorization, Irrevocable Trust, Living Trust, Living Wills, Power of Attorney, Revocable Living Trust, Steve Jobs, Taxes, Wills

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Call 760-814-0158 or contact us by email.

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Article Topics

  • Advanced Health Care Directives
  • Avoid Probate
  • Blog
  • California Probate
  • Dana Green, Estate Planning Attorney, San Diego
  • Encinitas Estate Planning Attorney
  • Estate Planning
  • Estate Tax
  • Financial Guru
  • Health Care Directive
  • HIPPA Authorization
  • Irrevocable Trust
  • Living Trust
  • Living Wills
  • Medical Billing Advocacy
  • Power of Attorney
  • Revocable Living Trust
  • Steve Jobs
  • Taxes
  • Wills

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February 2023:
The Law Office of Dana L. Green is open and maintaining regular office hours. Our team is working remotely.

 

Feel free to call or email us. We are meeting clients virtually or in person, following COVID best practices.

 

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