Training Course Syllabus:
Challenge-Proof your Powers of Attorney
Power of attorney is one of the most common and effective legal documents that transfer decision-making power from principal to agent. Its variations are as numerous and diverse as its uses. Explore the legal and practical aspects crucial in creating powers of attorney to prevent disputes and maximize their built-in flexibility. Walk through the process of legally compliant POA execution and discover the most likely causes of POA contests and their remedies. Maximize the effectiveness of your powers of attorney – register today!
- Is the in-house form you're using legally enforceable? Walk through the essential elements of the POA and ensure your clients are not just lulled into a false sense of security.
- Get a legal refresher on the laws governing powers of attorney.
- Gain practical tips for educating clients on their options in signing the health care power of attorney.
- Discover which powers of attorney have to be notarized and how to do it quickly and efficiently.
- Find out why it's in your best interests to help clients choose thorough and conscientious attorneys-in-fact.
- Can agents make gifts to themselves? Explore the intricacies of the agents' duties and power, and ensure they're clearly laid out in the power of attorney.
- Is the real estate deal you've been working on for months valid? Don't let an improperly executed power of attorney jeopardize your next big contract.
- Discover when springing and nondurable POAs are still viable options.
- Ensure patients get proper medical care when incapacitated – find out what forms of POAs are recognized as valid.
- Walk away with sample legally compliant POA forms you can put to use right away.
- Ensure the POA form you're using provides the principal with maximum protection and flexibility.
Defining Major Concepts and Outlining the Governing Laws
9:00 - 9:45, Dan C. Young
- Legislative Overview and Update
- Helping the Principal Select the POA Agent(s)
- The Option of a Substitute/Alternate/Successor Agent
- Must Multiple Agents Make Decisions Together or can They Act Separately?
- Types of Powers of Attorney (POA)
Nondurable vs. Durable vs. Limited/Special vs. Springing POAs: Comparative Analysis
9:45 - 10:30, Dan C. Young
- In What Instances to Use? Major Functions/Goals
- Powers and Obligations of the Agent(s)
- When Does the POA Come Into Effect?
- The Forms: Statutory vs. In-House
- Essential Elements of Proper POA Signing/Execution
- Preventing and Resolving Common POA Disputes/Challenges
The Use and Challenges of POAs in Elder Law
10:45 - 11:15, Douglas R. Jones
Health Care Power of Attorney
11:15 - 12:15, Rebecca H. Winburn
- How is Health Care Power of Attorney Different From a Living Will?
- Principal Capacity Considerations – When Does the POA Take Effect?
- Powers and Obligations of the Agent(s) – What CAN'T an Agent of a Health Care POA Consent to?
- Health Care Decisions
- Advance Health Care Directive
- Mental Health Advance Directives
- Preventing and Defending Challenges to POAs
Streamlining the Process and Combating POA Abuse
1:15 - 2:15, Douglas R. Jones
- Confidentiality Considerations
- Principal Capacity at the Time of Signing
- Language Barrier Issues at the Signing of the POA
- How to Set Aside a POA for Undue Influence or Incapacity – What Preventive Measures are Required at Signing
- The Intricacies of Attorneys Acting as POA Agents
- Reporting Issues – When the Agent and Principal Act Simultaneously
- Gifts to Attorney(s)-in-Fact
2:15 - 3:15, Karen Baim Reagler
End of Life
3:30 - 4:30, Cynthia Orlicek Jones