• Skip to main content
  • Skip to primary sidebar

Ask Liz Weston

Get smart with your money

  • About
  • Liz’s Books
  • Speaking
  • Disclosure
  • Contact

durable power of attorney

Q&A: Financial institutions reject powers of attorney

April 28, 2025 By Liz Weston

Dear Liz: I read your column about the parent who unexpectedly had to take over for their incapacitated son. You suggested every adult have a power of attorney and healthcare proxy. Excellent advice! However, as I discovered in dealing with my father’s illness and estate, these general documents are not always recognized by the very institutions they were designed for. His bank, mortgage company and health insurance company would only recognize their versions of these documents.

Fortunately, while he was still able to, I was able to procure each of these documents with his signatures on them but it was very stressful at a difficult time for all of us. I would suggest you amend your advice to people to check to see if their banks and so on also require their specific forms.

Answer: Financial institutions are supposed to accept properly drafted powers of attorney, but some of them insist on their own forms, agrees Burton Mitchell, an estate planning attorney in Los Angeles.

“Sometimes one can get around these rules by appealing to higher ups in the organization, but it is unnecessarily difficult, time-consuming and complicated,” Mitchell says.

Checking with your financial institutions now could avoid hassles later.

Filed Under: Elder Care, Estate planning, Q&A Tagged With: durable power of attorney, Estate Planning, incapacitation, power of attorney, powers of attorney

Q&A: In estate planning, finding the right trustees can be a challenge

February 18, 2025 By Liz Weston

Dear Liz: My partner of 37 years and I have shared a revocable living trust for much of that time. It has become necessary to update our successor trustees, since one has passed away and the second is our age. It has been pointed out that we ought to name younger people who are more likely be around when the need arises. This is becoming the hard part. Both of us have a single sister but they are also seniors, so not the best long-term choice. Nieces and nephews live out of state and are not the ideal choice, either. I am wondering about designating this task to an accountant or attorney firm but have absolutely no idea how to make this happen.

Answer: Yours is a common issue for “solo agers” — people who don’t have reliable adult children who can take over in case of incapacity or death.

Naming someone younger does increase the odds the person will be able to serve when the time comes, but nothing is guaranteed. That’s why Los Angeles estate planning attorney Burton Mitchell urges his clients to focus first on naming the best choices, rather than eliminating people because of age or geography. He also recommends naming multiple alternates. Circumstances change, and your first choice may not be available when you need them.

You want successor trustees who are trustworthy, dependable and honest. They don’t have to be relatives: Friends or professionals may be good choices if they’re willing to serve. Jennifer Sawday, an estate planning attorney in Long Beach, urges you to ask first before naming a tax pro, attorney or financial advisor, since many are unable or unwilling to serve in this capacity for clients.

Professional fiduciaries may be another option, or you can look for professional or corporate trustees. Your local bank may offer trust administration services, for example. These options obviously would be more costly than a friend or family member. Sawday recommends consulting a knowledgeable estate planning attorney who can recommend trust officers or professional fiduciaries for you to interview.

Even if you opt for a professional to handle the financial side, you may prefer to have a friend or relative serve as your healthcare decision maker should you become incapacitated. In that case, geography may matter, since the person may need to get to the hospital quickly or spend an extended period advocating for you. Even here, though, it’s more important to name the right people, rather than necessarily the closest ones. You want someone who understands your priorities and who will fight to ensure those priorities are honored. Someone older who understands the concept of a “good death” may be more appropriate than someone younger who doesn’t. (Katy Butler’s book “The Art of Dying Well” has helpful information for this choice.)

If you don’t have enough people in your life you can rely on, there’s still time to turn that around. As a fellow solo ager, certified financial planner Carolyn McClanahan recommends building a mixed-age community. McClanahan says this means making “care deposits” starting in your 50s by volunteering and mentoring younger people.

“If you come from a place of giving, when you get older, that tribe is willing to look out for you,” she says.

Filed Under: Estate planning, Q&A Tagged With: advanced directive, choosing a trustee, durable power of attorney, living trusts, living will, power of attorney, power of attorney agent, revocable living trust, successor trustee, trustees

Q&A: Adding daughter as co-owner of mother’s home could trigger costs

April 25, 2016 By Liz Weston

Dear Liz: My father passed away last year, and my mother wants to add my name to her house so there is no probate. Do I need to change the title or the deed or both? Are there any negatives to doing so? Also, we already have a durable power of attorney between us. Does that offer me any benefits as far as real estate? What does it offer me in general?

Answer: A deed is the legal document that transfers the title or ownership of a property. Please don’t alter the home’s documents until you consult an estate-planning attorney. Your mother’s desire to avoid the costs of probate could inadvertently trigger much larger costs.

Adding you as a co-owner could mean giving up a big tax benefit, for example. If your mother bequeaths the house to you when she dies, you won’t owe any tax on the gain in the house’s value during her lifetime. If she adds you to the title, she’s gifting you half the house. In that case, you potentially could owe tax on some of that gain even after she dies. If she wants to preserve tax benefits while avoiding the court process known as probate, she may need a living trust.

There could be other complications if you should die or be sued, which is why it’s important to get good advice before proceeding.

As for the durable power of attorney: It isn’t designed to give you benefits. Powers of attorney allow you to make decisions for your mother if she becomes incapacitated. Those decisions need to be in her best interest, not yours.

Filed Under: Q&A, Real Estate Tagged With: durable power of attorney, q&a, real estate

Tuesday’s need-to-know money news

January 12, 2016 By Liz Weston

Zemanta Related Posts ThumbnailToday’s top story: The most important number in your financial life. Also in the news: How to get the most from a balance transfer credit card, how to build up your emergency fund, and how to audit your financial products.

The 5 Most Important Numbers in Your Financial Life
The numbers you need to know.

7 Ways to Get the Most From a Balance Transfer Credit Card
Tips to keep mind.

5 Tips to Build Up an Emergency Fund This Year
Easy tricks to fill up your emergency fund.

How to Audit Your Financial Products
Making sure your financial products are truly working for you.

One Absolute Must For Everyone Who Has An Aging Parent With Memory Problems
Protecting your parents from financial disaster.

Filed Under: Liz's Blog Tagged With: balance transfers, banking, Credit Cards, durable power of attorney, elder parents and money, emergency fund, financial numbers

Tuesday’s need-to-know money news

April 15, 2014 By Liz Weston

Zemanta Related Posts ThumbnailToday’s top story: Protecting your 401(k). Also in the news: What to do if you have a large tax bill, rental mistakes to avoid, and the two legal documents you can’t live without.

How To Spot A 401(k) Rip-off
Don’t sell your retirement short.

Big Tax Bill? IRS Offers Payment Options
Taxes don’t have to drain your wallet all at once.

5 Mistakes Renters Make
Don’t let your rental become a money pit.

6 Financially Freeing Tasks Not to ‘Pass Over’
A festival of financial freedom.

2 Legal Documents You Can’t Live Without
They’re inevitable.

Filed Under: Liz's Blog Tagged With: 401(k), durable power of attorney, IRS, rentals, Retirement, Taxes, tips, wills

Elderly mom isn’t the only one overdue for estate planning

April 1, 2013 By Liz Weston

Dear Liz: Could you advise us on how to protect our 93-year-old mother’s assets if she should become ill or die? She does not have a living will or a trust regarding her two properties.

Answer: “If” she should become ill or die? Your mother has been fortunate to have had a long life, presumably without becoming incapacitated, but her luck can’t hold out forever.

Your mother needs several legal documents to protect both herself and her assets. Perhaps the most important are powers of attorney for healthcare and for finances. These documents allow people she designates to make medical decisions and handle her finances for her should she become incapacitated. In addition, she may want to fill out a living will, which would outline the life-prolonging care she would and wouldn’t want if she can’t make her wishes known. (In some states, living wills are combined with powers of attorney for healthcare, and in others they are separate documents.)

These legal papers aren’t important just for the elderly, by the way. You should have these too, since a disabling illness or accident can happen to anyone.

Your mother also should consider a will or a living trust that details how she wants to parcel out her estate to her heirs. Of the two documents, wills tend to be simpler and cheaper to draft, but a living trust means the court process known as probate can be avoided. The probate process is public, and in some states (particularly California) it can be protracted and expensive. A living trust also could make it easier for someone to take over managing her finances in case of incapacity or death.

You can find an attorney experienced in estate planning by contacting your state’s bar association. Expertise and competence are important, so you may want to look for a lawyer who is a member of the American College of Trust and Estate Counsel, an invitation-only group that includes many of the best in this field.

If she or you are trying to protect her assets from long-term care or other medical costs, you’ll need someone experienced in elder care law to advise you. You can get referrals from the National Academy of Elder Law Attorneys at http://www.naela.org.

Filed Under: Elder Care, Estate planning, Q&A, Saving Money Tagged With: durable power of attorney, elder law, elderly, estate, Estate Planning, estate plans, living trust, living will, powers of attorney, real estate

Primary Sidebar

Search

Copyright © 2025 · Ask Liz Weston 2.0 On Genesis Framework · WordPress · Log in