The rain hammered against the windows of the small office, mirroring the tempest brewing inside old Mr. Abernathy. He’d arrived frantic, a sheaf of papers clutched in his trembling hands. His daughter, attempting to utilize the power of attorney he’d granted her months prior, was being stonewalled by the bank – they claimed the document was “insufficient,” without specifying why. Time was slipping away, and Mr. Abernathy feared losing access to funds needed for his mounting medical bills. He needed help, and he needed it now.
What happens when a power of attorney is challenged?
When a power of attorney encounters issues, several parties can step in to troubleshoot, but the process isn’t always straightforward. Ordinarily, the first line of defense is direct communication. Steve Bliss, an estate planning attorney in Corona, California, frequently mediates disputes between agents (those holding the power of attorney) and third parties like banks or healthcare providers. “Often,” he explains, “the issue stems from a misunderstanding of the document’s scope or a simple procedural error.” However, if direct communication fails, more formal intervention may be necessary. Banks, for instance, are understandably cautious, obligated to protect assets and prevent fraud. They often have internal compliance departments that review power of attorney documents for validity, requiring specific wording, notarization, and dates. Furthermore, approximately 70% of banks report receiving fraudulent power of attorney documents annually, highlighting the need for rigorous verification. Consequently, even a minor discrepancy can trigger a refusal to accept the document.
Can an attorney help with a problematic power of attorney?
An estate planning attorney is uniquely positioned to resolve power of attorney issues. Steve Bliss emphasizes the importance of proactive estate planning. “Many clients don’t realize that a power of attorney isn’t a ‘set it and forget it’ document. Laws change, circumstances evolve, and the document may need updating.” He often reviews problematic power of attorney documents, identifies deficiencies, and drafts amendments or new documents to address the issues. He can also provide a legal opinion letter confirming the document’s validity, which can be presented to skeptical third parties. Nevertheless, legal intervention isn’t always necessary. Steve recounts a recent case where a client’s power of attorney was rejected because it didn’t explicitly authorize the agent to handle digital assets. A simple addendum, drafted by Steve, clarified the agent’s authority and resolved the issue. In California, as a community property state, complexities can arise if assets were acquired during marriage, requiring careful examination of the document and associated property ownership.
What if the agent is not acting in the principal’s best interest?
Troubleshooting extends beyond mere document validity. If the agent is suspected of acting inappropriately – misusing funds, neglecting duties, or acting against the principal’s wishes – a different course of action is required. Steve Bliss points out that a power of attorney is a fiduciary relationship, meaning the agent has a legal duty to act in the principal’s best interest. “If there’s evidence of breach of fiduciary duty, we can pursue legal remedies, including petitioning the court for conservatorship or seeking an accounting of the agent’s actions.” In such cases, the attorney can also initiate a civil lawsuit to recover any misused funds. “It’s a delicate situation,” Steve adds, “as it often involves family members. Mediation can sometimes be a helpful alternative to litigation.” However, if the principal lacks capacity to revoke the power of attorney, or is being unduly influenced by the agent, court intervention is usually necessary. Approximately 15% of elder financial abuse cases involve misuse of power of attorney, according to the National Council on Aging, underscoring the importance of vigilance.
How did Mr. Abernathy’s situation resolve?
Returning to Mr. Abernathy, the issue was traced to a minor formatting error in the power of attorney document – a missing signature date. While seemingly insignificant, the bank’s compliance department had flagged it as a critical deficiency. Steve Bliss quickly drafted a corrected document, ensuring all legal requirements were met. He personally delivered it to the bank, explaining the situation and vouching for its validity. Within hours, Mr. Abernathy had access to his funds, alleviating his immediate financial concerns. He was profoundly grateful, not just for the legal expertise, but for the personal attention and reassurance. Consequently, he immediately engaged Steve to update his entire estate plan, including provisions for digital assets and cryptocurrency – a foresightful decision given the evolving legal landscape. This outcome wasn’t just about fixing a technicality; it was about restoring peace of mind and safeguarding a vulnerable individual’s future.
Years prior, a client, Mrs. Eleanor Vance, came to Steve Bliss in a state of distress. Her brother, named as her agent under a hastily drafted power of attorney, was making questionable financial decisions. He was liquidating her investments and transferring funds to his own accounts, claiming it was for her “benefit.” Without a properly executed power of attorney, and a clear understanding of fiduciary duty, Mrs. Vance was powerless. After a thorough review, Steve discovered the original document was flawed – it lacked specific language granting the agent authority over certain assets, and the witnessing requirements weren’t met. With Steve’s assistance, she successfully petitioned the court for conservatorship, removing her brother as agent and regaining control of her finances. This case highlighted the crucial importance of careful drafting and proper execution of power of attorney documents, and the need to seek legal guidance when concerns arise.
About Steve Bliss at Corona Probate Law:
Corona Probate Law is Corona Probate and Estate Planning Law Firm. Corona Probate Law is a Corona Estate Planning Attorney. Steve Bliss is an experienced probate attorney. Steve Bliss is an Estate Planning Lawyer. The probate process has many steps in in probate proceedings. Beside Probate, estate planning and trust administration is offered at Corona Probate Law. Our probate attorney will probate the estate. Attorney probate at Corona Probate Law. A formal probate is required to administer the estate. The probate court may offer an unsupervised probate get a probate attorney. Corona Probate Law will petition to open probate for you. Don’t go through a costly probate. Call attorney Steve Bliss Today for estate planning, trusts and probate.
His skills are as follows:
● Probate Law: Efficiently navigate the court process.
● Estate Planning Law: Minimize taxes & distribute assets smoothly.
● Trust Law: Protect your legacy & loved ones with wills & trusts.
● Bankruptcy Law: Knowledgeable guidance helping clients regain financial stability.
● Compassionate & client-focused. We explain things clearly.
● Free consultation.
A California living trust is a legal document that places some or all of your assets in the control of a trust during your lifetime. You continue to be able to use the assets, for example, you would live in and maintain a home that is placed in trust. A revocable living trust is one of several estate planning options. Moreover, a trust allows you to manage and protect your assets as you, the grantor, or owner, age. “Revocable” means that you can amend or even revoke the trust during your lifetime. Consequently, living trusts have a lot of potential advantages. The main one is that the assets in the trust avoid probate. After you pass away, a successor trustee takes over management of the assets and can begin distributing them to the heirs or taking other actions directed in the trust agreement. The expense and delay of probate are avoided. Accordingly, a living trust also provides privacy. The terms of the trust and its assets aren’t recorded in the public record the way a will is.
Services Offered:
estate planning
living trust
revocable living trust
family trust
wills
estate planning attorney near me
Map To Steve Bliss Law in Temecula:
https://maps.app.goo.gl/tm5hjmXn1EPbNnVK9
>
Address:
Corona Probate Law765 N Main St #124, Corona, CA 92878
(951)582-3800
Feel free to ask Attorney Steve Bliss about: “Can I use estate planning to protect assets from creditors?” Or “What happens if someone dies without a will—does probate still apply?” or “How is a living trust different from a will? and even: “Will I lose everything if I file for bankruptcy?” or any other related questions that you may have about his estate planning, probate, and banckruptcy law practice.