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Overview

Financial Powers of Attorney

What is a Power of Attorney?
When Should a Durable Power be Used?
What Can a Durable Power Accomplish?
Why Must a Durable Power be Drafted Carefully?

Advance Health Care Directives

Statutory Probate Fees

Taxation

Estate Planning Traps

Do I Need a Living Trust?

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What Can a Durable Power Accomplish?


One of the primary uses of a durable power is the delegation to an agent of the management and control of the principal's financial affairs during his or her incapacity. The following is a sample of the types of property management powers that might be considered for a power of attorney:
  • to make deposits and withdrawals from bank accounts

  • to sign tax returns and appoint qualified individuals to represent the principal with the IRS to make investment decisions

  • to deal with retirement plans, including IRAs

  • to have access to the principal's safe-deposit box

  • to create a living trust and fund a previously created living trust to revoke or change beneficiary designations

  • to vote the principal's stock

  • to forgive or collect the principal's debts

  • to enter into contracts on behalf of the principal to make gifts on behalf of the principal

  • to disclaim gifts or bequests made to the principal

  • to deal with life insurance on the life of the principal

 

 
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