Power of Attorney for Vet Care

This is National Dog Week!  The law office of Thomas T. Tornow, P.C. is very dog friendly.  Tom and his brother Jack own the building and their lease encourages tenants and employees to bring their dogs to work.  Prospective tenants and employees are vetted to make sure they are OK with dogs, which is usually not a problem in Montana.  Tom has photos of his dogs (and his wife) on his office walls and often a dog sleeping under his desk.  Visiting dogs make a beeline for the dog treats and tennis balls Tom keeps in his desk drawer.  There is a Frisbee by back door to play with the dogs in the field next door and a water dish is waiting 24/7.  The law office of Thomas T. Tornow, P.C. is the attorney for the Flathead Valley’s preeminent animal clinic and veterinarians and is a major contributor to the Whitefish dog park.  As part of the celebration of National Dog Week, the law office of Thomas T. Tornow, P.C. is making the following Durable Power of Attorney for Veterinary Care available to the readers of this blog.     

DURABLE POWER OF ATTORNEY FOR VETERINARY CARE

NOTICE: THIS DOCUMENT GRANTS BROAD POWERS. IF YOU HAVE ANY QUESTIONS ABOUT THESE POWERS, OBTAIN COMPETENT LEGAL ADVICE. YOU MAY REVOKE THIS POWER OF ATTORNEY AT ANY TIME.

I hereby appoint:

Name:             ______________________________________________

Address:          ______________________________________________

______________________________________________

Telephones:      ______________________________________________ Home

                        ______________________________________________ Work

______________________________________________ Mobile

______________________________________________ Fax

Email:               ______________________________________________ Personal

                        ______________________________________________ Business

as my Attorney-in-fact (my “Agent”) to act for me and in my name in any way I could act in person to make any and all decisions, approvals and authorizations concerning the:

A.    Care, veterinary treatment, hospitalization of my animal(s) named herein for any condition;

B.    Admission or discharge of my animal(s) from any hospital, clinic or other institution;

C.    Withholding or withdrawal of any type of veterinary procedure for said animal(s) even though death may occur; and

D.    Disposition of any part or all of said animal’s(s’) body for veterinary purposes, autopsy and disposition of its remains.

If my Agent dies, becomes legally disabled, incapacitated or incompetent, or resigns, refuses to act, or is unavailable, I name the following as my Successor Agent with the same powers and authority as my Agent.

Name:              ______________________________________________

 Address:         ______________________________________________

______________________________________________

Telephones:      ______________________________________________ Home

                        ______________________________________________ Work

______________________________________________ Mobile

______________________________________________ Fax

Email:               ______________________________________________ Personal

                        ______________________________________________ Business

My veterinarian is:

Name:              ______________________________________________

Address:           ______________________________________________

______________________________________________

Telephone:        ______________________________________________ Clinic

______________________________________________ After Hours

______________________________________________ Fax

Email:               ______________________________________________

My Agent and Successor Agent can take my animals to my or any other any other veterinarian and any veterinarian can rely on this Durable Power of Attorney.

The animal(s) to which this Durable Power of Attorney applies are:

_____________________________________________            _____________________________

Name                                                                                                  Type/Description

_____________________________________________            _____________________________

Name                                                                                                  Type/Description

_____________________________________________            _____________________________

Name                                                                                                  Type/Description

SPECIAL INSTRUCTIONS:

ON THE FOLLOWING LINE, YOU MAY GIVE SPECIAL INSTRUCTIONS LIMITING OR EXTENDING THE POWERS GRANTED TO YOUR AGENT AND SUCCESSOR AGENT.

_________________________________________________________________________________

UNLESS YOU DIRECT OTHERWISE ABOVE, THIS POWER OF ATTORNEY IS EFFECTIVE IMMEDIATELY AND WILL CONTINUE UNTIL IT IS REVOKED.

This Durable Power of Attorney for Veterinary Care is effective on the date I signed it and continues to be effective, even if I become disabled, incapacitated or incompetent.

I agree that any third party who receives a copy of this Durable Power of Attorney for Veterinary Care may act under it.  I may revoke this Durable Power of Attorney for Veterinary Care by a writing to my Agent that expressly indicates my intent to revoke.  Revocation of this Durable Power of Attorney for Veterinary Care is not effective as to a third part, such as a veterinarian, until the third party learns of the revocation.

I agree to:

A.    Pay for any goods or services rendered by any third party in reliance on this Durable Power of Attorney for Veterinary Care; and

B.    Indemnify the third party for any claims that arise against the third party because of reliance on this Durable Power of Attorney for Veterinary Care.

I am fully informed as to all contents of this Durable Power of Attorney for Veterinary Care and understand the full importance of this grant of power to my Agent and Successor Agent.

Signature:       ________________________________________

Printed Name: ________________________________________

STATE OF MONTANA                     )

: ss.

County of Flathead                               )

Acknowledged before me by the above named Principal on this_______day of _______________, 20__.

________________________________________

Notary Public for the State of Montana

BY SIGNING, ACCEPTING, OR ACTING UNDER THE APPOINTMENT, THE AGENT AND SUCCESSOR AGENT ASSUME THE FIDUCIARY AND OTHER LEGAL RESPONSIBILITIES OF AN AGENT, THE AGENT AND SUCCESSOR AGENT WORKS EXCLUSIVELY FOR THE BENEFIT OF THE PRINCIPAL.  THE FOREMOST DUTY AS THE AGENT AND SUCCESSOR AGENT IS THAT OF LOYALTY TO AND PROTECTION OF THE BEST INTERESTS OF THE PRINCIPAL.  THE AGENT AND SUCCESSOR AGENT HAS A DUTY TO AVOID CONFLICTS OF INTEREST AND TO USE ORDINARY SKILL AND PRUDENCE IN THE EXERCISE OF THESE DUTIES.

______________________________________________                _________________________

AGENT                                                                                                         Date

______________________________________________                _________________________

SUCCESSOR AGENT                                                                                   Date

On the Lighter Side

Denver Post obituary for Michael "Flathead" Blanchard:  "Weary of reading obituaries noting the decedent's  courageous battle with death, Mike wanted it known that he died as a result of being stubborn, refusing to follow doctor's orders, and raising hell for six decades.... He enjoyed booze, guns, cars and younger women until the day he died. . . . He asks that you stop by (his memorial service and) re-tell the stories he can no longer tell" but the obituary recommended that you leave the children at home because of the "adult material" they might hear.

A teacher was reading Chicken Little to her first grade class.  When she came to where Chicken Little told the farmer that "the sky is falling",  the teacher asked the class what they thought the farmer said.  A little girl raised her hand and said "I think the farmer said 'Holy sh*t!, A talking chicken."

Conclusion on Powers of Attorney

Conclusion on Powers of Attorney

A durable power of attorney is an important part of your estate package.  If prepared correctly, a durable power of attorney maintains your privacy and avoids the costly and lengthy process of a judge appointing a guardian or conservator for you.  Thomas T. Tornow has 33 years of experience with durable powers of attorney.  Contact his office at www.tornowlaw.com to schedule your free consultation if:

· You want to make a durable power of attorney so someone you trust can handle your affairs if you become incapacitated.

· You want your power of attorney reviewed to make sure it complies with your State's law and reflects your specific intentions for your financial and family situation.

· You want help deciding whether to give someone a power of attorney.

· You want to terminate your power of attorney.

· You have been asked to accept a power of attorney.

· You have questions about how to use your power of attorney.

· You have been asked to be an agent.

· You want help deciding who should be your agent.

· You want help deciding what powers to give your agent.

· You want to change your power of attorney.

·You want to change agents.

· You want to limit your agent’s authority.

· You have questions about your agent’s obligations.

· You are an agent with questions about your duties and obligations.

· You want help deciding what your agent should be paid.

· You are an agent and wonder what you can be paid.

· You have questions about your agent’s authority.

· You are an agent with questions about your authority.

· You or your agent are having problems using your power of attorney.

· You think your agent has breached his duties to you.

· You have questions about whether someone is incompetent or incapacitated.

· You have questions about the Durable Power of Attorney Act.

Thomas T. Tornow, P.C.

By: Thomas T. Tornow

This post is exclusively for informational purposes. It is not legal advice. Viewing this post, using information from it, or communicating through this blog does not create an attorney-client relationship. Thomas T. Tornow, P.C. is not liable for the use or interpretation of information on this blog and expressly disclaims all liability for any actions you may or may not take based on the content of this blog.

What if My Agent Breaches His or Her Duty to Me?

What if My Agent Breaches His or Her Duty to Me?

Your agent has special legal duties.  These are called fiduciary duties.  A fiduciary duty is the highest duty known in the law.  Your agent owes these fiduciary duties to you.  Your agent also owes these same duties to your guardian and conservator.  Those duties are described in detail in a prior post to this blog entitled “What Are My Agent’s Obligations?”

If your agent violates his or her fiduciary duty to you, your first step is to terminate your agent’s authority under your power of attorney.  This is usually done by informing your agent in writing that his or her authority is terminated.  Terminating your agent’s authority is discussed in more detail in a prior post to this blog entitled “When Does My Agent’s Authority Stop?”

Your second step is to inform any person or business dealing with your agent that you have terminated your agent’s authority.  

Your third step is to consult a lawyer about claims you may have against your agent and your obligations to persons or businesses your agent dealt with.

You are still bound by your agent’s actions even if (s)he violated his or her fiduciary duty to you.  For example, if your agent breaches his or her fiduciary duty by signing a contract with a business, you are still bound by that contract.  You have a claim against your agent, but your agent’s breach of duty is not a defense against someone who dealt with your agent in good faith.  A person is not dealing with your agent in good faith if (s)he knew that your power of attorney was revoked, that your agent did not have authority to enter into the contract, or that entering into the contract was a breach of your agent's fiduciary duty to you.

If your agent knows, but does not tell you, that your co-agent has, or is about to, breach the co-agent’s fiduciary duty to you, then your agent is liable to you for all losses that could have been avoided if you had been informed.  A successor agent is not liable for a former agent’s breach of duty unless the successor agent conceals or participates in the former agent’s breach.

Your agent is not liable to you solely because the value of your property or estate declines unless it is the result of a breach of your agent’s duties to you.  Your agent is also not liable for breaching his or her duties to you if power of attorney specifically provides that (s)he is not liable for such a breach, unless:

·         The provision is the result of your agent abusing his or her confidential or fiduciary relationship with you; or

·         Your agent acted dishonestly, with an improper motive, or with reckless indifference to your best interest or the purpose of your power of attorney.

If your agent breaches his duty to you, (s)he is liable to you for the amount necessary to restore the value of your property or estate to the level it would have been had there no breach, plus your attorney's fees and costs.

Any interested person can ask a judge to review your agent’s actions.  An interested person includes:

• You,

• A person asked to accept your power of attorney,

• Your spouse, parent, child, guardian, conservator, caregiver, fiduciary, descendent or presumptive heir,

• Your agent,

            • A person authorized to make health care decisions for you,

• Someone who demonstrates sufficient interest in your welfare,

            • A beneficiary of your estate or trust; and

            • A government agency with authority to protect your welfare.

However, if you object, the judge cannot review your agent's actions unless your agent is asking for the review or the judge finds that your lack the capacity to revoke your power of attorney or your agent's authority.  You probably lack the capacity to revoke your power of attorney or your agent's authority if you are impaired in your ability to manage your property or business affairs or to make or communicate decisions even with the use of technological assistance.  The lack of capacity and its consequences are discussed in more detail in a prior post to this blog entitled “What If I Become Incompetent or Incapacitated?”

If the judge finds your agent breached his or her fiduciary duty to you, your agent can be held liable for the cost of repairing the breach and paying the interested person’s attorney’s fees and costs.

Thomas T. Tornow has 33 years of experience helping people whose agents have breached their duties and assisting agents accused of breaching their duties.  Contact his office at www.tornowlaw.com to schedule your free consultation.

Thomas T. Tornow, P.C.

By: Thomas T. Tornow

This post is exclusively for informational purposes. It is not legal advice. Viewing this post, using information from it, or communicating through this blog does not create an attorney-client relationship. Thomas T. Tornow, P.C. is not liable for the use or interpretation of information on this blog and expressly disclaims all liability for any actions you may or may not take based on the content of this blog.

What I Become Incompetent or Incapacitated?

What If I Become Incompetent or Incapacitated?

It is common for a power of attorney to provide that the agent's authority springs into effect only if the principal (the person giving the power of attorney) becomes incompetent or incapacitated.

You are incompetent or incapacitated if you:

A.    Have an impairment in your ability to manage your property or business affairs;

B.  Have an impairment in your ability to make or communicate decisions even with the use of technological assistance;

C.     Are missing; or

D.    Are outside the United States and unable to return.

Your springing power of attorney should name one or more persons (other than your agent) who are authorized to determine in writing whether the specific event has occurred.  If the specific event is that you are incompetent or incapacitated, that person has the right to access your health and Social Security records and to communicate with your health care provider.  If you do not name anyone, then your power of attorney becomes effective when a physician says in writing that A or B above exists or an attorney or judge says in writing that C or D above exists.

You can name in your power of attorney who you want to be your guardian or conservator if you become incompetent or incapacitated.  That person can, but does not need to be, your agent.  The judge is required to appoint the person you name in your power of attorney unless there is good reason to the contrary or the person you name is not legally qualified to be a guardian or conservator.  Unless the judge limits, suspends or terminates your agent's authority, or your power of attorney provides otherwise, your power of attorney will remain in effect even after your guardian or conservator is appointed.  Your agent owes the same duties to your guardian or conservator as your agent owns to you.

If you become incompetent or incapacitated without having given a power of attorney, it may be necessary to have a court appoint a guardian or conservator for you.  A guardian takes care of your person.  A conservator takes care of your financial affairs. 

Having a court appoint a guardian or conservator is a lengthy and costly process that is usually paid for from your assets.  It requires filing a case with a court and one or more hearings before a judge.  The person who files the case, his or her attorney, your attorney and perhaps other witnesses are required to attend the hearing.  The judge will often appoint a person to meet with you and may require doctors to examine you and report to the judge.  The judge, rather than you, chooses the guardian or conservator and the scope of his or her authority.  The judge usually requires your guardian or conservator to inventory your assets and make periodic reports to the judge.  The hearings and reports are almost always open to the public and add to your loved ones' stress during an already difficult time. 

All this can be avoided by a properly prepared durable power of attorney that names who you want as your guardian or conservator, should that be necessary, and what authority you want your guardian or conservator to have.

Thomas T. Tornow has 33 years of experience with guardians, conservators and powers of attorney.  Contact his office at www.tornowlaw.com to schedule your free consultation.

Thomas T. Tornow, P.C.

By: Thomas T. Tornow

This post is exclusively for informational purposes. It is not legal advice. Viewing this post, using information from it, or communicating through this blog does not create an attorney-client relationship. Thomas T. Tornow, P.C. is not liable for the use or interpretation of information on this blog and expressly disclaims all liability for any actions you may or may not take based on the content of this blog.

How Does My Agent Use My Power of Attorney?

How Does My Agent Use My Power of Attorney?

Your agent should keep the original of your power of attorney.  You should keep a copy. Unless a statute requires an original, a photocopy or electronically transmitted copy of your power of attorney has the same legal effect as the original.  Nevertheless, your agent may be asked to show the original.  A business or person being asked to accept your agent’s authority may want to copy your power of attorney.  Under the Uniform Power of Attorney Act, your agent can also give the business or person a written certification of the validity of your power of attorney and of his or her authority to act on your behalf.

Your agent has the authority to act for you in dealings with other persons or businesses.  It is important that your power of attorney clearly identify what matters your agent can handle for you (this is called the agent’s scope of authority).  Your agent has the power to bind you on matters with the scope of his or her authority just as if you did the act yourself.   A business, person or entity acting in good faith can legally rely on your power of attorney unless they know that your agent is not authorized to act for you.  For example, they may know that your power of attorney has been terminated or that your agent does not have the authority for the transaction.

 

It is very important that your agent discloses to the other person or business that (s)he is acting for you and not for him or herself.  Otherwise, your agent may be personally liable to the person or business or entity.   When your agent signs for you, (s)he agent should write or print your name, then sign his or her name and disclose that (s)he is signing as your agent.  For example: “John Smith, by Sally Smith, his Agent” or "Sally Smith, signing as agent for John Smith and not individually."

If your power of attorney is properly prepared and notarized, someone doing business in a State that has adopted the Uniform Power of Attorney Act cannot require an additional or different power of attorney.  The person, business or entity is legally required to accept and honor your power of attorney within 7 business days unless it:

(1) Would have no requirement to engage in the transaction with you directly;

(2) Knows your power of attorney has terminated or been revoked;

(3) Believes in good faith belief that your power of attorney is invalid;

(4) Believes your agent does not have the authority to perform the specific act or transaction;

(5) Believes engaging in the transaction with either you or your agent would violate Federal law; or

(6) Knows that someone has reported to the Department of Health and Human Services that your agent, or someone acting for or with your agent, may be physically or financially abusing, neglecting, exploiting or abandoning you.

The person, business or entity can also ask your agent to certify in writing that your power of attorney is valid and that (s)he has authority for the transaction.  The business or entity can rely on that certification without further investigation and must accept your power of attorney within 5 business days after it receives the certification.  If they do not, you or your agent can obtain a judge's order requiring them to accept your power of attorney and the person, business or entity is liable for your and/or your agent's attorney's fees and costs.

 

The person, business or entity can refuse to accept your notarized power of attorney unless you provide an English translation of your power of attorney or an opinion of a lawyer on any legal question about the power of attorney.  The request for an attorney’s opinion must be in writing and give a reason for requesting the opinion.  If the person, business or entity makes the request within 7 business days of receiving the power of attorney, you bear the expense of providing the translation or opinion.  If the person, business or entity makes the request after 7 business days, they bear the expense.  The person, business or entity can rely on the translation or opinion without further investigation and must accept your power of attorney within 5 business days of receiving the translation or opinion.

Thomas T. Tornow has 33 years of experience helping people with their powers of attorney.  Contact his office at www.tornowlaw.com to schedule your free consultation.

Thomas T. Tornow, P.C.

By: Thomas T. Tornow

This post is exclusively for informational purposes. It is not legal advice. Viewing this post, using information from it, or communicating through this blog does not create an attorney-client relationship. Thomas T. Tornow, P.C. is not liable for the use or interpretation of information on this blog and expressly disclaims all liability for any actions you may or may not take based on the content of this blog.

When Does My Agent's Authority Stop?

When Does My Agent's Authority Stop?

Your agent’s authority under your power of attorney stops when your power of attorney is terminated.  Your power of attorney should specify when it or your agent’s authority is terminated.  Even then, you can terminate your agent’s authority by revoking your power of attorney at any time for any or no reason.  This is usually done by you writing your agent.

Your agent’s authority also stops if your agent resigns.  Your agent can resign at any time for any or no reason.  Unless your power of attorney requires a different way of resigning, this is done by your agent notifying you, preferably in writing, that (s)he has resigned.  If you are incapacitated, the notice may be given to your conservator, guardian, co-agent or successor agent.  If none of those exist, the notice may be given to your care giver or another person your agent believes has sufficient interest in your welfare or a government agency with authority to protect your welfare.

Your power of attorney and your agent’s authority automatically terminates when you die.

The former law in most States was that unless your power of attorney specifically provided otherwise, your power of attorney and your agent’s authority terminated if you became incapacitated.  Under the Uniform Power of Attorney Act, it is just the opposite.  Now, unless your power of attorney specifically provides otherwise, your agent’s authority does not terminate when you become incapacitated.  If your power of attorney does not terminate when you become incapacitated, is called a durable power of attorney.  It is important for you to give a durable power of attorney, and a durable health care power of attorney, to someone so that person can handle your affairs if you are no longer able to do so because of an accident, illness or disability.

If your power of attorney specifically provides that it terminates and your agent’s authority ends when you become incapacitated, the termination is not effective unless your agent, or the person dealing with your agent in good faith, has actual knowledge of your incapacity.

Your power of attorney can provide that it your agent’s authority stops when a specific event happens.  For example, your power of attorney could provide that your agent’s authority ends when you return to the United States.

If your power of attorney is given for a specific purpose, unless it provides otherwise, your agent’s authority ends when that purpose is accomplished.  For example, if you give a power of attorney to sell a specific car, your agent’s authority ends when the car is sold.

Your power of attorney also terminates if all your agents named in the power of attorney die, resign or become incapacitated.  That is the reason your power of attorney should name one or more successor agents.

Unless your power of attorney provides otherwise, it terminates and your agent’s authority ends if you and your agent divorce, have your marriage annulled or legally separate.

Signing a power of attorney does not automatically terminate revoke your prior powers of attorney or end your other agent’s authority unless the new power of attorney provides that all or specific powers of attorney you have given are revoked.

Unless a judge limits, suspends or terminates your agent's authority, your power of attorney and your agent’s authority remain in effect even after the judge appoints a guardian or conservator for you.  Your agent owes your guardian and conservator the same duties that your agent owes to you.

Your agent must immediately stop acting for you when (s)he learns that your power of attorney has been terminated.

It is important for you to let anyone dealing with your agent, like your bank, know that your agent has resigned, his or her authority has ended, or your power of attorney has been terminated.  Otherwise, you remain bound by your agent's dealings with persons or entities that do not know that your agent has resigned, his or her authority has ended, or your power of attorney has been terminated.

Thomas T. Tornow has 33 years of experience helping people with their powers of attorney.  Contact his office at www.tornowlaw.com to schedule your free consultation.

Thomas T. Tornow, P.C.

By: Thomas T. Tornow

This post is exclusively for informational purposes. It is not legal advice. Viewing this post, using information from it, or communicating through this blog does not create an attorney-client relationship. Thomas T. Tornow, P.C. is not liable for the use or interpretation of information on this blog and expressly disclaims all liability for any actions you may or may not take based on the content of this blog.

When Does My Agent's Authority Start?

When Does My Agent's Authority Start?

Your power of attorney should specify when the authority you give your agent starts.  If your power of attorney does not specify when your agent’s authority starts, then his/her authority starts when you sign your power of attorney.  People often give their spouse or domestic partner a power of attorney that starts immediately.

Your power of attorney can provide that your agent’s authority starts on a specific date or when a specific event occurs.  This is called a springing power of attorney.  An example of a springing power of attorney is one that becomes effective only if you are incompetent to handle your own affairs.  You are incompetent to handle your own affairs if you have:

A.    An impairment in your ability to manage your property or business affairs;

B.     An impairment in your ability to make or communicate decisions even with the use of technological assistance; 

C.     If you are missing; or

D.    Outside the United States and unable to return.

Your springing power of attorney should name one or more persons (other than your agent) who are authorized to determine in writing whether the specific event has occurred.  If the specific event is that you are incompetent, that person has the right to access your health and Social Security records and to communicate with your health care provider.  If you do not name anyone, then your power of attorney becomes effective when a physician says in writing that A or B above exists or an attorney or judge says in writing that C or D above exists.  

Thomas T. Tornow has 33 years of experience helping people with their powers of attorney.  Contact his office at www.tornowlaw.com to schedule your free consultation.

Thomas T. Tornow, P.C.

By: Thomas T. Tornow

This post is exclusively for informational purposes. It is not legal advice. Viewing this post, using information from it, or communicating through this blog does not create an attorney-client relationship. Thomas T. Tornow, P.C. is not liable for the use or interpretation of information on this blog and expressly disclaims all liability for any actions you may or may not take based on the content of this blog.

What if there are Questions About my Agent's Authority?

What if there are Questions About my Agent's Authority?

Contact Thomas T. Tornow, P.C. at http://www.tornowlaw.com if you:

            · have a question about your agent's authority;

            · are an agent and have questions about your authority; or

            · are doing business with an agent and have a question about the agent's authority. 

He will review the power of attorney and answer your questions about the agent's authority.  

Alternatively, any interested person can ask a district court judge to interpret or clarify a power of attorney.  An interested person includes:

• the person who gave the power of attorney (known as the principal);

• the agent;

• a person asked to accept a power of attorney;

• the principal's spouse, parent, child, guardian, conservator, care giver, fiduciary, descendent or presumptive heir;

            • a person authorized to make health care decisions for the principal;

            • someone who demonstrates sufficient interest in the principal's welfare;

            • a beneficiary of the principal's estate or trust; and

            • a government agency with authority to protect the principal's welfare.

However, the judge cannot interpret or clarify the power of attorney over the principal's objection unless the agent is asking for the clarification or interpretation or the judge finds that that the principal lacks the capacity to revoke the power of attorney or the agent's authority.  If you want an interpretation or clarification of a power of attorney, contact Thomas T. Tornow, P.C. at http://www.tornowlaw.com.

Thomas T. Tornow, P.C.

By: Thomas T. Tornow

This post is exclusively for informational purposes. It is not legal advice. Viewing this post, using information from it, or communicating through this blog does not create an attorney-client relationship. Thomas T. Tornow, P.C. is not liable for the use or interpretation of information on this blog and expressly disclaims all liability for any actions you may or may not take based on the content of this blog.

What Authority Can I Give My Agent?

What Authority Can I Give My Agent?

It is important that your power of attorney clearly identify what matters your agent can handle for you (this is called the agent’s scope of authority).  Your agent has the power to bind you on matters with the scope of his or her authority just as if you had done the act yourself.  If you a have a question about what authority you have given to your agent, or if you want to change that authority, contact Thomas T. Tornow, P.C. at http://www.tornowlaw.com.

Your power of attorney can give your agent the authority to do almost everything you can do, including:

            · paying your bills;

· dealing with your real estate, tangible personal property, investments, insurance, annuities, estates, trusts, and beneficial interests; 

· signing, performing, rescinding, canceling, reforming or modifying contracts;

· preparing, executing, acknowledging, filing and recording instruments and communications for you;

            · dealing with your banks and other financial institutions;

            · filing and settling claims and lawsuits for you;

            · preparing your tax returns and paying your taxes;

            · handling your retirement plan and government, military or civil benefits;

            · paying family maintenance;

            · arranging your home care;

· creating a schedule listing some or all of your property and attaching it to your power of attorney;

· communicating with and seeking assistance from any court or government agency;

· hiring, paying and firing your attorney, accountant, investment manager, expert witness or other advisor;

· accessing communications to you and communicate for you; and

            · doing any other lawful act on your behalf.

Contact Thomas T. Tornow, P.C. at http://www.tornowlaw.com to be sure your power of attorney clearly identifies you agent’s authority.

Unless your power of attorney provides otherwise, your agent has authority over your property anywhere in the United States, regardless of when it was acquired.  If you have questions about your agent’s authority over your property, contact Thomas T. Tornow, P.C. at http://www.tornowlaw.com.

Your power of attorney can also limit your agent’s authority.  A common limit is that your agent can act for you only if you are no longer able to do so.  Not being able to act for yourself is called being incapacitated.  What qualifies as being incapacitated, who can make that determination, and the consequences are discussed in a later post.  Contact Thomas T. Tornow, P.C. at http://www.tornowlaw.com if you want to limit your agent's authority.

If you give your agent limited authority, your agent can only do the things described in your power of attorney.  Ambiguities in your power of attorney are construed against you and in favor of your agent or those dealing with your agent.  Contact Thomas T. Tornow, P.C. at http://www.tornowlaw.com if you have questions about the limitations on your agent’s authority.

Unless your power of attorney specifically says otherwise, your agent cannot usually:

• transfer your power of attorney to another person;

• give another person a power of attorney to act for you;

• create, amend, revoke or terminate your living trust;

• make a gift for in your name;

           

• create or change your right of survivorship or beneficiary designation;

• waive your rights as the beneficiary of a joint or survivor annuity or retirement plan;

• disclaim any property, including a power of appointment;

• transfer your property to him or herself or someone (s)he has a duty to support unless your agent is your spouse, decedent (e.g. child) or ancestor (e.g. parent); or

• make health care decisions for you. 

If you want your agent to be able to do any of these things, contact Thomas T. Tornow, P.C. at http://www.tornowlaw.com.

Regardless of what your power of attorney says, your agent cannot make your Last Will and Testament, represent you in court (unless your agent is a lawyer), or deal you’re your Social Security benefit.  Contact Thomas T. Tornow, P.C. at http://www.tornowlaw.com if you want help with these matters.

Your power of attorney can require your agent to have the consent of your other agents.  Otherwise, your agents can act independently for you without the knowledge or consent of your other agents.  If your agents or co-agents have overlapping authority, you should consider the consequences if they disagree and provide a clear method in the power of attorney for how such disagreements will be resolved.  For example, if you give each of your children a power of attorney, or name more than one child as co-agents, with the same or overlapping authority, you should provide for how that decision will be made if the children disagree.  Otherwise, the disagreement may generate a family feud and law suits.  Contact Thomas T. Tornow, P.C. at http://www.tornowlaw.com for suggestions on how to prevent disagreements between your agents.

Thomas T. Tornow, P.C.

By: Thomas T. Tornow

This post is exclusively for informational purposes. It is not legal advice. Viewing this post, using information from it, or communicating through this blog does not create an attorney-client relationship. Thomas T. Tornow, P.C. is not liable for the use or interpretation of information on this blog and expressly disclaims all liability for any actions you may or may not take based on the content of this blog.

Does my Agent Get Paid?

Does my Agent Get Paid?

Unless your power of attorney provides otherwise, your agent is entitled to be reimbursed for expenses incurred on your behalf and paid a reasonable amount for his or her time.  A good measure of what is reasonable is what you would have to pay someone else for those services.  These amounts are either paid by you or your agent can pay him or herself from your funds.  Contact Thomas T. Tornow, P.C. at http://www.tornowlaw.com if you have questions about payments to agents. 

Thomas T. Tornow, P.C.

By: Thomas T. Tornow

This post is exclusively for informational purposes. It is not legal advice. Viewing this post, using information from it, or communicating through this blog does not create an attorney-client relationship. Thomas T. Tornow, P.C. is not liable for the use or interpretation of information on this blog and expressly disclaims all liability for any actions you may or may not take based on the content of this blog.