Responsibilities of Being Power of Attorney

September 25, 2018 1:41 PM Tyler Edmondson

Responsibilities of Being Power of Attorney

Being appointed power of attorney (POA) allows another person to transfer financial and health care decision-making powers to another individual. The person named power of attorney is referred to as the “agent,” and the person they are acting on behalf of is the “principal.” Sudden events can happen to make the principal unable to make certain decisions on their own.

Typically, the children of the principal are appointed for various reasons. Becoming power of attorney is a big responsibility that not everyone is cut out to become, and that’s okay. According to an article by Forbes, there are several reasons why many children turn down this request by their parents. “Becoming someone’s power of attorney is a monumental job,” says Cheryl David, a North Carolina elder law attorney. “It’s huge, and the task should not be entered into without great thought.” Keep in mind, there are numerous types and combinations of power of attorney, but the two most common are General Durable Power of Attorney and Health Care or Medical Power of Attorney.

One must understand that being appointed power of attorney does not mean that you will acquire their debts. John Ross, an elder law attorney in Texas, says, “People don’t always realize that they’re just acting on behalf of another person, not making themselves personally liable.” Still, taking on this task can become overwhelming. Being responsible for someones medical decisions, if they were unable to, can weigh heavy on you. You may not be in a position emotionally or geographically. And what many may not know it a parent can name more than one agent and if asked, you can say no. David had a client in a similar situation in which the client’s mother had a son who was in a better situation to make decisions for their mother.

There are several questions to ask yourself to see if you are the right person to be power of attorney of a loved one. Ross recommends asking yourself the following three questions when considering whether to commit to being someone’s power of attorney and he recommends that you are honest with the person who plans to name you power of attorney if you have concerns:

Are you able to drop everything, perhaps for weeks or months, and make crisis medical decisions?, Do you have the emotional fortitude to make tough, life-and-death decisions?, How is your family dynamic? Do you have a brother who is quick to anger or a sister who could be suspicious of your motives when it comes to medical or financial decisions?

Trusted Wylie Attorneys

There is a lot to consider when appointing a person power of attorney or if you, yourself have been appointed. Contact Edmondson Law, PLLC if you have any questions about your situation and need an experienced attorney to guide you. Legal assistance is needed to ensure that you or your loved one’s wishes and best interests are heard. If you are looking for someone who is knowledgeable and understanding you will find them at our law firm.

Information, Not Legal Advice. We provide the information on this website as a public service. The legal landscape is constantly changing and being modified by state law and case law. As a result, we cannot promise that this information is always up-to-date and reflective of the most current jurisprudence.

We do not intend this information to be legal advice. By providing this information, we are not acting as your lawyer. If you need legal advice, you should contact a lawyer through our number (972) 442-8326 or contact another attorney of your choosing.

Child Support- Senate Bill 550

September 18, 2018 4:45 PM Tyler Edmondson

Child Support- Senate Bill 550

According to Star-Telegram, child support changes in Texas have gone into effect which will require parents who pay child support to start providing dental insurance. This is an addition to the already required health insurance they need to provide for their kids.

Annette Hernandez, communications director for the Texas Attorney General’s Child Support Division, says not everyone will be affected by this law right away.

“It’s really important to make sure the public understands this is not something to panic about,” she said. “This is not an automatic change. This is dictated by the courts.”

There were more than 1.5 million open cases across the Lone Star State, according to new statistics provided by the Texas Attorney General’s office. The law going into effect comes from Senate Bill 550, passed by the Texas Legislature in 2015. This Senate Bill’s purpose is to provide dental aid to children if it can be acquired at a reasonable cost, which means the cost should not be more than 1.5 percent of the annual income for the parent paying child support.

New cases requiring child support likely will require the parent making payments to provide dental insurance for their child. But if child support payments already are underway and health insurance already is being provided, if there’s no separate financial change for the parent receiving the payments, a request for dental insurance isn’t enough of a reason to bring that case to court, Hernandez said.

“It’s not an automatic thing,” she said. “Customers who already have ongoing child support obligations have to request a modification of their case. … They can’t be modified solely on the addition of dental support.”

Hiring a Child Support Attorney

The attorneys at Edmondson Law, PLLC understand that this area of law can be complex and we encourage you to seek the professional help of a family law attorney. We are experienced in obtaining the best results for your case involving your children. So, if you are looking for a trusted advocate who will provide quality legal representation, contact us today and schedule a free consultation. We are here to answer any questions you may have to help put your mind at ease regarding your family.

Handling the Unexpected

September 11, 2018 11:33 AM Tyler Edmondson

Handling the Unexpected

the balance– It is something that is very tragic, and most people don’t typically want to think about, but unfortunately losing a spouse or a loved one happens. This was something that was not anticipated and may have caught you completely by surprise. This may leave you in charge of handling their estate. Some steps need to be taken in order to avoid frustrations and costly mistakes. Tisha Diffie, founder of After the Fact – Final Affairs, LLC, understands the challenge of having to handle the process correctly and has some helpful tips that will help get you through it.

5 Things That Should be Done Right Away

Tisha believes by getting these five things done will help prevent identity theft. By not doing this right away, it can catch up to you later.

Call the three credit agencies and put a fraud alert on their Social Security number.
Run a final credit report on the deceased from all three credit agencies.
Keep the primary credit card and the deceased drivers’ license with you.
Punch a hole in their driver’s license and passport.
Get all the paperwork together for the insurance companies.

Outstanding items or open accounts can also leave you dealing with debt collectors. One of Tisha’s clients didn’t cancel anything, change names, or looked for missing money after her husband passed. This caused the client to receive collection notices, calls and letters. These types of instances can be overwhelming.

5 Things That Should Not be Done Right Away

While there are important things to be done as soon as possible, there are some that shouldn’t.

Don’t cancel the deceased’s primary phone right away.
Don’t cancel the primary credit card right away.
Don’t inform everyone about the death right away.
Don’t put an obituary in the newspaper unless it’s necessary, and then keep it simple.
Don’t make any major decisions without consulting a professional first.

By leaving phone numbers available, you will be able to receive important calls, and by leaving credit card accounts open, you will be able to see any memberships or recurring items that need to be canceled.

Seek Professional Help

Another important thing to keep in mind is don’t assume someone is handling the final closing process and other affairs. You can’t expect hospitals to let health providers know about the death or assume that since a will and trust is completed that everything is done. It is easy to become overwhelmed and make mistakes when dealing with this situation. Seeking professional help is the best way to be sure that everything is handled legally and properly. We encourage you to seek legal help from a trusted Estate Planning attorney at Edmondson Law, PLLC. We have years of experience and are committed to providing trusted care to our clients.

Have You Considered Getting a Will?

September 4, 2018 10:19 AM Tyler Edmondson

Have You Considered Getting a Will?

Have you considered getting a will? It is something that everyone contemplates. It’s something that people procrastinate on and don’t ever actually get it. This is somewhat tragic as many people leave this world unexpectedly and they don’t have a will in place. This is very problematic as it’s a massive headache for their family who is left behind. This is already a very trying time for your family so why would you want to make it more difficult for them? We understand you don’t want to do this to your family. You want to make this time as easy as possible for them. The only way to indeed accomplish this is to make sure that your final wishes are known and that a will is in place and done by a professional. This way your family doesn’t have to worry about going through probate court or bickering amongst themselves as they speculate what you may or may not have wanted.

The Steps to Get a Will

There are specific steps that you need to go through in order to get a will. First and foremost what you need to do is to run a tally of your estate. See what you have and how you would like your estate to be broken up. You also need to get all of your bank statements together and everything that reflects all of your assets. And finally, you need to see a lawyer that specializes in Estate Planning. This is the most crucial step. A lawyer that specializes in Estate Planning is going to be able to expertly help guide you through the legal system of getting a will in place. The lawyer will also offer helpful advice all along the way so that you do not feel like you’re doing this on your own. Many people procrastinate on getting a will because they think that they cannot afford, or it would be a lengthy and challenging process. Little do they know that Estate Planning attorneys offer their services to put your mind at ease at a reasonable price. They also go through this process thoroughly to be sure they meet your needs and that you understand every step.

Estate Planning Attorney in Wylie, Texas

If you decide that you want to get a will consider seeing a responsible, reliable, and experienced attorney. You will want to be prepared for what happens after you pass away and you will want to make the process as painless as possible on your family. You will need to get with the law firm that not only specializes in Estate Planning but also has years of experience. Edmondson Law, PLLC located in Wylie, Texas is one such law firm. Edmondson Law has been the standard for the region for many years. Edmondson Law also has a friendly and accommodating staff will make you feel welcome while you’re in the office. So if you are considering getting a will in place then do not delay and contact Edmondson Law, PLLC today at 972-442-8326 for more information and to schedule a consultation.