Frequent POA and Will Revisons ?

[Stocker Steve]

I have an elderly widower uncle who is making changes in his estate plan. In the past - - he would distribute copies of his Power of Attorney and Will to the agents and executors listed. More recently - - there are email comments that changes have been made and there are new copies in the safe deposit box. Is there a best practice, or recommended legal approach, on communicating changes and minimizing confusion?

 

[Brute 23]

Sounds like he had a good plan originally. Wonder why he stopped distributing them?

No, there is not much of any thing any one can do about it.

 

[hurleyjd]

I have an elderly widower uncle who is making changes in his estate plan. In the past - - he would distribute copies of his Power of Attorney and Will to the agents and executors listed. More recently - - there are email comments that changes have been made and there are new copies in the safe deposit box. Is there a best practice, or recommended legal approach, on communicating changes and minimizing confusion?

Could be a sweet young thing showed up and is helping him with his estate. POA to be legal has to be filed and recorded. A will will be probated and put on record at the time of his death. If the POA was not revoked then the last one on record is the one that can be used if need be.

 

[Stocker Steve]

Could be a sweet young thing showed up and is helping him with his estate. POA to be legal has to be filed and recorded.

Would be nice, but actually he is getting forgetful...

Are Rocket Lawyer like templates off the internet "legal" medical POA,
and are you referring to financial POA only?

 

[hurleyjd]

Internet research shows that a power of attorney does not have to be recorded. In Texas a power attorney will need to be on record when transferring real estate that is on record.

" Power of Attorney, like a Trust, does not need to be registered or recorded in the public records in order to be effective. ... However, once your agent is appointed via a valid Power of Attorney, he or she simply has to present the document at the institution where business is to be transacted on your behalf."

Who is sending the e-mails is it the uncle or someone else

 

[Stocker Steve]

Uncle sends the initial e mail. No one else has safety deposit box access, and folks are afraid of confronting an increase in forgetfulness, so the rumor mill takes over from there.

Seems like the next step is for the last/current/previous medical POA to step up, and start with talking to the doctors. Mental soundness is the unspoken issue.

 

[TexasBred]

Uncle sends the initial e mail. No one else has safety deposit box access, and folks are afraid of confronting an increase in forgetfulness, so the rumor mill takes over from there.

Seems like the next step is for the last/current/previous medical POA to step up, and start with talking to the doctors. Mental soundness is the unspoken issue.

I know this sounds stupid but don't forget a power of attorney of any kind is null and void the minute your uncle passes away and the directives in the will take over.......not absolutely necessary to even probate the will.

 

[Rafter S]

Uncle sends the initial e mail. No one else has safety deposit box access, and folks are afraid of confronting an increase in forgetfulness, so the rumor mill takes over from there.

Seems like the next step is for the last/current/previous medical POA to step up, and start with talking to the doctors. Mental soundness is the unspoken issue.

If the current will in in the safe deposit box, and no one else has access, I'm pretty sure that will make it a nightmare for the executors to even get to the will.

 

[hurleyjd]

Uncle sends the initial e mail. No one else has safety deposit box access, and folks are afraid of confronting an increase in forgetfulness, so the rumor mill takes over from there.

Seems like the next step is for the last/current/previous medical POA to step up, and start with talking to the doctors. Mental soundness is the unspoken issue.

I know this sounds stupid but don't forget a power of attorney of any kind is null and void the minute your uncle passes away and the directives in the will take over.......not absolutely necessary to even probate the will.

Also the power of attorney does not keep him from making decisions on his own even in a diminished state of thinking.
To really control what he is doing a person needs a guardianship which is costly to get and you have to give an accounting of every thing you do to the court.

 

[sstterry]

Uncle sends the initial e mail. No one else has safety deposit box access, and folks are afraid of confronting an increase in forgetfulness, so the rumor mill takes over from there.

Seems like the next step is for the last/current/previous medical POA to step up, and start with talking to the doctors. Mental soundness is the unspoken issue.

If the current will in the safe deposit box and no one else has access, I'm pretty sure that will make it a nightmare for the executors to even get to the will.

Most if not all banks will let you in to retrieve a Will from the Safety Deposit Box. The procedure is that that they take your ID and the Death Certificate and then they will inventory the Box and give you the Will. The remaining contents of the box are then replaced until the Executor is Appointed.
In this case, I agree things sound a little fishy and the most recent POA and family needs to watch him very closely and maybe even express their concerns to his Dr.

 

[TexasBred]

I have an elderly widower uncle who is making changes in his estate plan. In the past - - he would distribute copies of his Power of Attorney and Will to the agents and executors listed. More recently - - there are email comments that changes have been made and there are new copies in the safe deposit box. Is there a best practice, or recommended legal approach, on communicating changes and minimizing confusion?

Could be a sweet young thing showed up and is helping him with his estate. POA to be legal has to be filed and recorded. A will will be probated and put on record at the time of his death. If the POA was not revoked then the last one on record is the one that can be used if need be.

POA ceases at the time of death. The person you had power of attorney over DIED!!!!! The will then takes over IF it's probated. If not your estate will be settled according to the laws of the state of residence.