This article will explain some of the drafting decision reflected in the author’s sample form of durable general power of attorney (“the form”). The form and this commentary were originally published on 12/1/2014 to reflect changes to 20 Pa.C.S. Ch....
Below are the comments I have submitted to the Pa. Disciplinary Board on the proposed change to Rule of Disciplinary Enforcement 217 that would require all “formerly admitted attorneys” to resign from all fiduciary positions, regardless of whether the lawyer … Continue reading
This fourth and final part of a four part series describes the changes made by Act 95 of 2014 to the duties and liabilities of agents, as well as a few miscellaneous changes not covered by previous parts.
This third part of a four part series on Act 95 of 2014 describes the changes made to the provisions for liabilities of third parties relying upon, or refusing to accept, a power of attorney.
This second part of a four part series describes the changes made by Act 95 of 2014 to the authority of agents to make gifts and other acts affecting the principal's estate plan and the disposition of property after the death of the principal.
House Bill 1429, which makes a number of changes to the form and effect of powers of attorney, was signed by Governor Corbett on July 2, becoming Act 95 of 2014. The more important changes made by Act 95 include new requirements for witnesses and notarized acknowledgements, changes to the notice to the principal and the required acknowledgements by agents, new limits on the liability of third parties in order to reverse the reasoning of the Supreme Court in the Vine decision, new limits on the power of agents to make gifts and other estate planning actions, and a revision and restatement of the duties and liabilities of agents.Continue reading
A summary of the policies and procedures that were developed for a nonprofit hospice for end-of-life medical decisions by staff and participants.Continue reading
Jurisdiction of the Orphans’ Court is primarily “in rem” jurisdiction, which means that other courts cannot exercise jurisdiction over the administration of an estate or trust that is being administered under the jurisdiction of the Orphans’ Court.Continue reading
Recommendations for drafting tax clauses for wills (or revocable trusts) specifying what kinds of estate and inheritance taxes should, and should not, be paid from the residue of the estate (or revocable trust).Continue reading
When medical information is needed for a will contest, it may be necessary to deal with the privacy requirements of the regulations adopted under the Health Insurance Portability and Accountability Act of 1996.Continue reading