Showing posts with label power of attorney. Show all posts
Showing posts with label power of attorney. Show all posts

Monday, October 1, 2012

How Easy Someone Can Steal With Power of Attorney


Several recent cases of false imprisonment and theft demonstrate how callously people can take financial advantage of others. 

Download Power of Attorney at powerofattorneyform.com
This week, authorities found that a St. Louis man named Cliff Crockwell allegedly locked a man in his basement for five years while he cashed the man’s Social Security checks.  The victim suffered a traumatic brain injury and developed alcoholism while recovering, which led him to meet Crockwell, who provided care for alcoholics.  Eventually, the victim’s sister visited him and noticed that the building where he lived had bars on the windows, a steel front door, and backwards locks that prevent people from leaving the building.  She claimed her brother looked like a Holocaust survivor and that the building was a dungeon.   Crockwell claims that he prevented the victim’s departure because he believed he would drink alcohol if he left.  Further, Crockwell stated he permitted the victim to leave initially, but that he would return to the building inebriated.  He admitted that he had no medical evidence to support his claim that the victim must be confined in order to maintain his sobriety. 
The victim has not received any of his Social Security benefits for the last five years.  Crockwell admitted that he got him to sign over his Social Security checks, but did not confirm whether he had power of attorney to act on the victim’s behalf.  Crockwell also admitted that he received Social Security benefits on behalf of other tenants as well.  A Missouri state Senator stated that Crockwell’s actions could be considered false imprisonment. 
Another egregious case of false imprisonment was uncovered in Pennsylvania earlier in September.  Dwayne Young was arrested on charges of kidnapping, aggravated assault, and forgery for allegedly keeping a deaf mute man in his basement for four months while cashing the disabled man’s Social Security checks.  The case resembled another tragic kidnapping that happened in Philadelphia where a convicted killer and three others were found to have locked four mentally handicapped adults in their basement and cashed their Social Security checks.  Horrifyingly, the victims in this case were chained to the boiler and forced to use a bucket as a latrine.  Police found power of attorney forms in the boiler room among other documents related to the victims.
The perpetrators in each case were being paid the victim’s Social Security checks.  The Social Security Administration states that after a careful investigation, it will appoint someone to be a payee of another’s benefits if the beneficiary is not capable of managing her money by herself.  Executing a power of attorney agreement cannot authorize an agent to accept your Social Security benefits on your behalf.  This suggests the SSA believes its vetting process is stricter than an individual’s.  It’s true that you can grant a power of attorney while the principal is not mentally incapacitated, whereas the SSA requires the beneficiary to be mentally incapable of managing his affairs, but these recent cases suggest the SSA could greatly improve its processes for selecting payees and ensuring payees are not taking advantage of the disabled.    

Monday, September 24, 2012

Power of Attorney Basics


Prolonging power of attorney (POA) rights is common practice in personal finance, business and estate planning. This type of document allows an individual to transact or make medical decisions on your behalf. Before granting POA rights it is important to think about it carefully. The authorized individual is called an attorney-in-fact or an agent. They are allowed to handle and decides on various tasks on your behalf.
Picking the Right Attorney-in-fact Agents can be anyone that you can trust. That person should be at least 18 years of age and is capable of making important decisions or carry out significant tasks. It is important to choose someone that can meet requirements and is honest and ethical. If the agents are assigned for medical power of attorney they must be someone which you can depend on to convey your medical decisions to doctors and do whatever is needed to make sure your directions are followed.
It is best if you give careful consideration in selecting an agent. The responsibilities can put the agents in a hard position particularly those representing you as health care agents. People must be someone that you can depend on to decide on medical choices no matter what others think.

Types of Power of Attorney Forms
There are several forms of power of attorney, these include: General, Limited, Durable, and Special.

The Durable POA (Download at powerofattorneyform.com/durable.htm) is one of the most frequently utilized forms. This will provide the agents the right to act as the Principal’s representative for personal, legal matters and business. Rights are effective until the principal revokes the POA or dies.

The General POA (Download at http://powerofattorneyform.com/general.htm)  allows agents to take part in several transactions. This might be employed to allow agents to take care of personal finances, sale of real estate, investment matters, motor vehicles or presume management responsibilities in the Principal’s transaction.
Special or Limited power of attorney gives limited privileges and only lets agents to engage in particular tasks. The type of POA can be utilized for many types of dealings which includes selling or buying realty or handling personal finances. As soon as the agents carry out the needed tasks their rights are revoked automatically.

The Medical Power of Attorney is one of the important factors of estate planning. This type of POA allows agents to carry out health care decisions on the behalf of the principal. The agents don’t get involved with decision making until the principal’s health care professional files a statement of incompetency.
There are some treatments and procedures which agents are not allowed from being involved with. It includes making decisions regarding abortion or having the principal brought in a mental institution.

The Springing Power of Attorney is employed in instances which include injury or illness. This form enables health care experts to provide medical records to the assigned agent. If a springing POA is used agents need to get court authorization about any decisions created on the Principal’s behalf.

Finally, Medical POA (Download at powerofattorneyform.com/medical.htm) is utilized to allow caregivers to have emergency medical care for children. This is needed in daycare centers, however should also be recognized for home day care providers and nannies.
It is advisable to obtain legal counsel to make certain the correct type of power of attorney is set up. Attorneys can provide directives about choosing agents and establish legal documents for a nominal fee.