NASGA recommends adding “power” to Durable Powers of AttorneyNational Association to STOP Guardian Abuse
http://www.stopguardianabuse.org/
http://nasga-stopguardianabuse.blogspot.com/
PRESS RELEASE
For immediate release
May 4, 2009
For more information contact:
Annie McKenna
NASGA Media Liaison
info@StopGuardianAbuse.org
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May is Older Americans Month
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In this month dedicated to older Americans, NASGA focuses attention on an ironic form of abuse perpetrated on our elderly and vulnerable citizens by uncaring or corrupt judges:
A frequent complaint from our members regarding judicially-directed guardianships / conservatorships is that Durable Powers of Attorneys and other advance directives are frequently ignored: the issue is not raised by court or counsel; and no evidentiary hearings are held regarding execution and validity. Note: A properly executed Durable Power of Attorney would obviate the need for "protective" proceedings, or be sufficient grounds for dismissal of any such proceedings previously initiated.
Consequently, persons who have taken every legal step possible to protect themselves in their old age, do not have peace of mind and assurance that their wishes will be followed and that they won’t fall under the control of complete strangers appointed by the court instead; strangers who are given control over every aspect of their lives and property, with very little or no monitoring/oversight.
NASGA recommends videotaping of the signing and execution of a Durable Power of Attorney, Last Will and Testament, Trust documents and other advance directives, to prove validity of the document if challenged. Discussion should also be had with the drafting attorney to assure that should a guardianship issue arise in future, that he/she will testify in court as to the execution and validity of the document(s).
Videotaping DPoA's might be the extra punch that validates it if challenged in court.
ReplyDeleteThis is a very good idea. Thanks NASGA!
Thank you NASGA for taking a position on a very critical issue.
ReplyDeleteWhere is the AMERICAN BAR ASSOCIATION's position on POA's?
Why is the ABA silent on this issue?
I find it outrageous and a national deception that POA's in many if not most instances are useless, tossed out with the bath water with court approval, yet millions of people execute these documents in good faith believing these legal documents will clearly show their wishes and intentions and protect them.
It seems we, the people, need to say enough and take these important legal matters into our control.
Lots of lawyers these days are advertising services for preparation of advance documents.
ReplyDeleteBefore entering into such execution, do get their agreement to support their document preparation and execution, should there be a future challenge to validity.
Well done! It's good to see NASGA taking a stand and offering positive suggestions!
ReplyDeleteOne thing average people don't realize is that if they have an executed Durable Power of Attorney, the court cannot appoint a guardian without first holding an evidentuary hearing to revoke the DPoA.
ReplyDeleteThey do it all the time because they can get by with it, but that's the best point to stop the proceedings completely.
Straight out asking your attorney if he/she will be there if the Durable Power of Attorney is challenged in court, is a good suggestion. And even better if he/she answers the question on video.
ReplyDeleteHey great idea. Thanks for the tips.
ReplyDeleteAnother thing people need to do is read their state statutes to become familiar with guardianship / conservatorship law.
ReplyDeleteThis is valuable information that will help a lot of people.
ReplyDeleteThanks, NASGA!
better to know this legal stuff before its too late
ReplyDeleteThe ABA pushes Durable Power of Attorneys as a must -- you must have a Durable Power of Attorney, according to them.
ReplyDeleteBut, then corrupt judges just ignore them.
NASGA's recommendation should add the punch that will make it harder for corrupt judges to do their dirty deeds.
Older Americans Month is a good time for everyone to give Durable Power of Attorney to the person they trust to handle their affairs should they not be able to do so themselves.
ReplyDeleteWe often put off these things and May is a good reminder to take care of it.
Document, document, document and film the events. The only way to have a chance to beat these sharks at their own game, the only way to have a chance to succeed to have your wishes speak loudly when and if that time arrives.
ReplyDelete