Phillips and Blow PC - August 2020

5 Reasons You Need an Estate Planning Attorney's Help

When Crafting Your Power of Attorney

It’s increasingly common for people to become mentally incapacitated in the months or years before death. That’s why, along with either a will or trust, many people need to have a power of attorney in place in case they’re diagnosed with dementia or are otherwise mentally unfit to exact their final wishes before they pass. A power of attorney (POA) outlines who will be responsible — often a relative or close friend — to exact your final wishes on your behalf should you be unable to. You might be able to find a valid POA online, but even a legally valid POA isn’t necessarily effective. Below are five reasons why you should have an estate planning attorney help you craft your POA. 1. Do-it-yourself POA documents are subject to greater scrutiny from financial institutions, medical professionals, and other organizations. Many of them won’t touch DIY documents because if they’ve been prepared incorrectly, those organizations could face legal ramifications for accepting the documents. 2. While POAs don’t “grow stale,” most relevant parties will accept the most updated versions of the documents over older versions. Updating a POA is a meticulous process, so it’s best to let an estate planning attorney help you.

3. POAs typically name several potential agents to enact the principal’s wishes, in case the principal’s first choice is unavailable or unable, but it can be hard to determine what is meant by “unavailable or unable.” An estate planning attorney can help you make sure that’s clear. 4. Since a POA only becomes valid when the principal is incapacitated, the agent might have to prove that is indeed the case, which could result in a legal battle. Since the point of a POA is to avoid those battles, you should have an estate planning attorney who can vouch for the principal’s incapacitation as well. 5. It’s possible to list different agents in your POAs, much like it’s possible to have multiple keys to the same house. If the listed agents disagree on how to best exact the principal’s will, those disagreements can usually only be resolved by experienced estate planning attorneys. All in all, since we use powers of attorney on a regular basis, and there are plenty of ways to prepare them incorrectly, it’s best to “stack the deck” in your agent’s favor by enlisting the help of a licensed estate planning attorney. Check out the Phillips & Blow website or give us a call to see if our services are right for you.

Trivia

Peach and Arugula Pasta Salad Inspired by AmbitiousKitchen.com

Which president was sworn in using a law book rather than a Bible?

Submit your answers to Email@JRPhillipsLaw.com.

INGREDIENTS:

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8 oz penne or fusilli pasta

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2 large fresh peaches, diced or sliced 1/2 medium red onion, thinly sliced 1 pint heirloom cherry tomatoes, halved

Correct answers will be entered into a drawing on July 31 for an Amazon gift card.

2 tbsp olive oil

1/4 tsp red pepper flakes

1/2 tsp sea salt Pepper, to taste 2 tbsp lemon juice

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1 cup corn

6 cups arugula, packed

3/4 cup crumbled feta cheese

DIRECTIONS:

1. In a large pot of boiling water, cook pasta for approximately 9 minutes or until al dente. Drain pasta and place in a separate bowl. 2. In a small bowl, whisk together olive oil, red pepper flakes, salt, pepper, and lemon juice. Drizzle the dressing over the pasta and toss with the feta cheese. 3. Add peaches, red onions, tomatoes, corn, and arugula to the pasta mixture. Lightly toss to mix well. Add more olive oil, lemon juice, salt, and pepper to taste.

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