June 18, 2009
Absolutely. If you are divorced, you must revisit your estate plan. A change in marital status can lead a formerly sound estate plan to cause numerous unintended consequences. If your divorce attorney does not specialize in estate planning, ask him or her for a referral to an estate planning attorney. The time and money spent now could save even more time and money down the road.
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June 3, 2009
A Power of Attorney is a document that can be used to appoint an individual (Attorney-in-Fact) to manage the affairs of another. This is useful for a time when people become incapable of managing their own affairs, whether through mental or physical disability. It is required that a person be competent to execute a Power of Attorney; an incompetent person may not validly execute a Power of Attorney. Thus, once a person becomes incompetent, it is too late. However, a Durable Power of Attorney executed while competent is not affected by subsequent incompetence and will remain in effect.
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