Community issues – The Neighboring Movement The number of disputes between neighbors are increasing. There are many reasons for such disputes including things as simple as leaves falling in the neighbor’s yard. Even more common as metropolitan areas increase in size and people buy and sell property faster is that we do not really know […]
In every power of attorney, there are powers that are outlined and for the agent. Some have heard the term “hot powers”. “What are “hot powers”? For all Powers of Attorney signed after January 1, 2010, you must state that the agent has certain powers, casually referred to as “hot powers.” These “hot powers” include […]
It is essential that legal documents are kept secure so they are accessible as necessary. This is also true of powers of attorney. What do I do with my power of attorney document? “The original power of attorney should be given to the agent you appoint and a copy should be kept with your other […]
Being designated as the agent in a power of attorney is a position of responsibility. It is important that anyone executing a power of attorney know the importance of their agents’ actions. Can a principal hold an agent liable for the agent’s actions? “Agents are considered a “fiduciary” meaning they must act with the highest […]
Agents on powers of attorney are usually family members or close friends. Often people want to compensate their agents for their work: Can the agent be reimbursed for expenses and compensated for work? “An agent can be reimbursed for feasible expenses and compensated for their work. To ensure this, the principal must include this direction […]
Every power of attorney designates individuals that the principal wishes to make decisions on their behalf under certain circumstances. Some people have difficulty in choosing who to appoint. These questions and answers may help with such decisions. What if a principal appoints multiple agents? “Multiple agents can be appointed to serve simultaneously but it is […]
The majority of people who have powers of attorney have them in case they fall victim to an emergency in which they are unable to make medical decisions or handle their financial affairs. But even if they have a power of attorney many ask: When does a power of attorney take effect? “The terms of […]
Most Powers of Attorney are titled as “Durable” Powers of Attorney. What is a “Durable” Power of Attorney? The Colorado Bar Association provides this explanation: “A ‘Durable’ Power of Attorney permits an agent to make decisions on behalf of the principal if the principal becomes incapacitated. This is done by…including certain language such as: ‘this […]
Estate Planning – Importance of Powers of Attorney – Power of Attorney Series – #1 A common question on powers of attorney arises when there is an emergency medical situation. For example, Mom is rushed to the hospital by ambulance accompanied by Dad. While Mom is rushed into an emergency exam room, the hospital asks […]
Many people are afraid to go to lawyers or they don’t want to spend the money for an attorney to draft a Will for them. So they prepare their own wills. The majority of the time these “homemade” Wills are written in language that allows room for challenging by heirs. In the end their probate […]
“Considerations for All Advance Medical Directives Your advance medical directive(s) should include statements about any religious beliefs that would either prohibit or require certain types of medical care, existing medical conditions that you want the medical professionals to know about in advance, which document shall control if there is more than one declaration and they […]
“Disposition of Last Remains Declarations You have the right and power to direct the disposition of your last remains. Colorado laws provides protection from individuals who may try to impose their views over your stated wishes. You may make this declaration in a will; prepaid funeral, burial, or cremation contract; Medical Power of attorney; Designated […]
What is a Living Will? “In Colorado, individuals may execute a “Declaration as to Medical or Surgical Treatment,” more commonly referred to as a “Living Will.” A Living Will covers the administration, withholding, or withdrawal of life-sustaining procedures when you have a terminal condition and are unconscious or otherwise incompetent. In this very limited set […]
Almost every client thinks if they make a Will and devise assets to a particular beneficiary the Will disposes of all assets. However, that is not true of every type of asset. Assets that have their own separate beneficiary designation or are owned in Joint Tenancy will not be controlled by the Will but will […]
This is a common issue between renters/landlords. Tenant is moving out and wants the return of his security deposit. Landlord refunds a portion of the deposit and includes an accounting for the unreturned amount. Tenant disputes the amount not returned and claims that all “damages” were normal wear and tear to the property. Landlord marks […]
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