This article is being written to conclude and recap our series on creating and maintaining an enforceable power of attorney in Hartford, Connecticut. We felt it was important to write on this issue due to the fact many individuals are under misunderstandings as to what a power of attorney is, and what one is not. Also, many individuals may potentially err through the use of “self-help” forms. The goal of our recent articles has been to provide information which will assist people in understanding their situation and the best course of action. It has also been our goal to provide information which will assist with the selection of an attorney. If you are in need of assistance then contact our office today to speak with an estate planning lawyer.
We have addressed a number of topics over our recent articles. Issues which we have analyzed include:
- The form which a power of attorney must follow
- The limitations of a power of attorney
- Challenging a power of attorney in court
- Issues arising when a power of attorney is overly vague
There are multiple reasons why we chose to address these topics. First, if a power of attorney does not contain the necessary elements, such as witness signatures and a notary signature, then it will be considered void. Unfortunately, some make the mistake of thinking that a power of attorney can be quickly drafted and that form “does not matter.” This is not the case. Second, one granting or receiving authority under such an instrument must recognize that the decision-making ability granted by the power of attorney will be as limited or as broad as the document provides. Third, if one is abusing a power of attorney then it is possible to challenge their actions in Probate Court. An immediate step in such situations would often be to immediately obtain an injunction in order to prevent additional harm. Finally, a vague power of attorney can create a large number of problems for all parties involved.
One point we stressed in each of these articles is the need to retain qualified counsel to assist you in drafting a power of attorney. Your representative will work to determine what it is you hope to accomplish through the instrument. They will then draft a document, tailored to your needs, which meets those goals without giving away excess authority. This is different from using a “fill in the blank” form, which is not tailored to your particular situation. As Hartford estate planning lawyers, we assist with the creation of a power of attorney. We are proud of the level of service which we provide to our community and we look forward to being of assistance. Contact us online or by telephone to schedule an initial consultation. We also service the areas of Wethersfield, New Britain, Rocky Hill, East and West Hartford, Bristol, Glastonbury, and Manchester, as well as the Middlesex County cities of Middletown and Cromwell.