The Elrod Firm

Topic: Guardianship

Focus On What You Can Change

At 2:00 am on Sunday, March 8, 2020, Daylight Saving Time will begin (again), and the majority of Americans are not thrilled about it.  The obvious and immediate frustration results from the loss of an hour of sleep the night we’re forced to “spring forward.”  But statistics tell us that may be the least of …

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Do I Really Need A Healthcare P.O.A?

Justin, someone told me that I need a healthcare power of attorney so my wife can make medical decisions for me if I’m unconscious. Don’t the doctors always let the family members decide what to do? 

Put a Spring in Your Step, Not in Your Power of Attorney

A Power of Attorney is a legal document that allows you to appoint someone to take care of your finances and healthcare decisions if there ever comes a time when you can’t. The person you appoint is called your attorney-in-fact or agent. Some Powers of Attorney only become effective when you become incapacitated. They “spring” into existence once a certain event has taken place.

Do I Need Guardianship Over My Own Children?

Justin, My father named my minor children as beneficiaries on CDs he owned. My father has recently passed; I’m being told that I cannot get access to those funds unless I obtain a guardianship over my own children. Is this true?

What Can I Do as Power of Attorney?

Justin, My father named me as his power of attorney several years ago. He has always managed his own business, but recently he hasn’t taken care of things like he used to—he stopped paying his bills and seems to be ignoring his doctor’s advice. What can I do as his POA?

Guardianship: Authority to act for someone BUT with court oversight

We help a lot of clients obtain guardianship over their family members, and this can be invaluable when assistance and protection is needed. The two main situations when a guardianship is necessary are when the person is no longer competent to sign a power of attorney because of health issues or when the authority given in a previously signed power of attorney is no longer enough.

Power of Attorney versus Guardianship

There are similarities between a power of attorney and a guardianship, but there are also drastic differences. In some cases there are ways to avoid guardianship, but in all cases there are ways to ensure that you have designated who you want to act for you if a guardianship becomes unavoidable.

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