"Standing to Sue the Attorney-in-Fact Named in a Power-of-Attorney Document"

"Rhode Island has not adopted the Uniform Power of Attorney Act. Perhaps it is time." Jeremy Howe

"Several states have adopted the Uniform Power of Attorney Act.... aimed at making it easier for family members and others who have genuine concerns about the welfare of an elderly person to seek judicial redress against a fiduciary who is suspected to have abused his or her powers over an elderly person's financial affairs.

Those parties include the lprincipal him- or herself or an agent; a fiduciary acting for the principal; someone authorized to make healthcare decisions for the principal; the principal's spouse, parent, or descendant; a presumptive heir or named beneficiary; a governental agency having regulatory authority to protect the welfare of the principal; the principal's
caregiver; and a person asked to accept to the power.

By adopting statutes that give standing to a wide varety of parties or persons who can seek the aid of a court in protecting the interests and rights of the principal under a power-of-attorney instrument, states have recognized the problems associated with limiting the standing to sue, an attorney-in-fact to the principal, the principal's guardian, or the principal's estate. In short, section 116(a) represents a big step toward protecting elderly or incapacitated persons from unscrupulous conduct by attorneys-in-fact who are supposed to act solely in the principals' best interests."

Brad Pettit~Senior Attorney
The Lawletter
National Legal Research Group

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 The Law Offices of Jeremy W. Howe, LTD. are ElderLaw attorneys in Rhode Island who specialize in wills and trusts, estate planning, guardianship, probate, and Veterans Aid and Attendance Benefits.

They also are Newport Rhode Island Divorce Lawyers, Attorneys, Mediators, and Arbitrators providing services for family law issues such as divorce, child custody and visitation, support, and military family law.   

Call them today at 401-841-5700 or visit them on the web at http://www.CounselFirst.com.

A Letter of Instruction Can Spare Your Heirs Great Stress

Letters of Instruction

Read original HERE

While it is important to have an updated estate plan, there is a lot of information that your heirs should know that doesn't necessarily fit into a will, trust or other components of an estate plan. The solution is a letter of instruction, which can provide your heirs with guidance if you die or become incapacitated.

A letter of instruction is a legally non-binding document that gives your heirs information crucial to helping them tie up your affairs. Without such a letter, it can be easy for heirs to miss important items or become overwhelmed trying to sort through all the documents you left behind.

The following are some items that can be included in a letter:

• A list of people to contact when you die and a list of beneficiaries of your estate plan
• The location of important documents, such as your will, insurance policies, financial statements, deeds, and birth certificate
• A list of assets, such as bank accounts, investment accounts, insurance policies, real estate holdings, and military benefits
• Passwords and PIN numbers for online accounts
• The location of any safe deposit boxes
• A list of contact information for lawyers, financial planners, brokers, tax preparers, and insurance agents
• A list of credit card accounts and other debts
• A list of organizations that you belong to that should be notified in the event of your death (for example, professional organizations or boards)
• Instructions for a funeral or memorial service
• Instructions for distribution of sentimental personal items
• A personal message to family members

Once the letter is written, be sure to store it in an easily accessible place and to tell your family about it. You should check it once a year to make sure it stays up-to-date.


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The Law Offices of Jeremy W. Howe, LTD. are ElderLaw attorneys in Rhode Island who specialize in wills and trusts, estate planning, guardianship, probate, and Veterans Aid and Attendance Benefits.

They also are Newport Rhode Island Divorce Lawyers, Attorneys, Mediators, and Arbitrators providing services for family law issues such as divorce, child custody and visitation, support, and military family law. 

Call them today at 401-841-5700 or visit them on the web at http://www.CounselFirst.com.

Estate Planning Issues to Consider

Estate Planning

In May, 2011, I was asked to speak at the United States Coast Guard’s Senior Executive Leadership Conference on the key issues facing our generation as they relate to elder law and elder care. Many in our generation are taking care of themselves and their children, as well as elderly parents, so I focused on advance care and estate planning.

Just recently I met with the Coast Guard officer who had invited me to the conference. He told me that the “reviews” of my talk were very positive and he asked if I would be willing to come to the next conference since so many of the attendees found the subject matter of personal interest. Of course I was flattered by the invitation, but more importantly, I was reminded how “timely” the subject of estate planning is and how critical it is that people learn now what they should have in place for the future.

Simply put we need to start asking the following:

• What type of medical care do I want towards the end of my life?
• Where do I want to be cared for?
• How can I ensure that my desires will be honored if I am not able to speak or act for myself?
• What financial arrangements should I make now to ensure that I can receive the care I want?
• What resources are available for my care?
• What will happen if I outlive my assets?
• What do I want to happen after my death?

The practice of elder law attempts to assist people in formulating the answers to these questions by articulating goals for care while you are alive and plans for taking care of your estate upon your death. At the very least your planning should include the drafting of Durable Powers of Attorney for Medical Care and Finances and executing a Will or Trust. Our office can help by initiating the discussion that leads to plans that will meet your individual needs.

- Hilary



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The Law Offices of Jeremy W. Howe, LTD. are Elder Law Attorneys in Newport, Rhode Island who specialize in Wills and Trusts, Estate Planning, Guardianship, Probate, and Veterans Aid and Attendance Benefits.

They also are Newport Rhode Island Divorce Lawyers, Attorneys, Mediators, and Arbitrators providing services for Family Law issues such as divorce, child custody and visitation, support, and Military Family Law.

Call them today at 401-841-5700 or visit them on the web at http://www.counselfirst.com

Law Office of Jeremy Howe, LTD Mediation Seminars

In our ongoing efforts to maintain the highest levels of education, information, and involvement in the Elder Law and Family Law fields, we continuously update our skills and legal education through attendance and involvement in seminars and speaking engagements in New England.

Below are some of our undertakings from March and October of 2010.


March 15 and March 19, 2010
Mediation training under the supervision of Bruce Kogan, Roger Williams School of Law
guest lecturer on “Mediating pension issues”
observer and commentator on the final student mock mediation

March 25, 2010
Mediation presentation for the National Association of Social Workers “From BFF to YBS” (From “Best Friends Forever” to “You’ll Be Sorry”, HOW MEDIATION CAN HELP.
Jeremy Howe presented with Frank & Michelle Geremia and Bryna Bettigole from the Rhode Island Mediators Association

October 27, 2010
Rhode Island Association of Mediators- mediation training
Mediation of Advanced Financial Cases, “Organizing the Data
And Balancing the Power”,
Jeremy Howe presented with co-mediator Nancy Johnson Gallagher, LICSW

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The Law Offices of Jeremy W. Howe, LTD. are ElderLaw attorneys in Rhode Island who specialize in Wills and Trusts, Estate Planning, Guardianship, Probate, and Veterans Aid and Attendance Benefits.

They also are Newport Rhode Island Divorce Lawyers, Attorneys, Mediators, and Arbitrators providing services for Family Law issues such as Divorce, Child Custody and Visitation, Support, and Military Family Law. 

Call them today at 401-841-5700 or visit them on the web at http://www.CounselFirst.com.

Durable Powers of Attorneys Documents

THE SIMPLEST PLANNING DOCUMENT CAN BE THE MOST USEFUL DOCUMENT.

We routinely prepare Durable Powers of Attorneys for clients which process usually takes us less than ½ hour unless the client requires special provisions. This inexpensive document often “avoids probate” during the lifetime of our client because a guardianship of a ward’s estate is not required if there is a proper “DPOA” in place. This can result in savings of thousands of dollars for fees, costs and bond charges over the lifetime of the ward.

***WE MAKE ELDER LAW HOUSE CALLS IN RI*** 
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The Law Offices of Jeremy W. Howe, LTD. are ElderLaw attorneys in Rhode Island who specialize in Wills and Trusts, Estate Planning, Guardianship, Probate, and Veterans Aid and Attendance Benefits.

They also are Newport Rhode Island Divorce Lawyers, Attorneys, Mediators, and Arbitrators providing services for Family Law issues such as Divorce, Child Custody and Visitation, Support, and Military Family Law. 

Call them today at 401-841-5700 or visit them on the web at http://www.CounselFirst.com.

EDUCATIONAL BREAKFAST: Durable power of Attorney: Importance, Differences, and Validity

EDUCATE YOURSELF AT ATRIA AQUIDNECK PLACE

Professionals are invited to join Atria Aquidneck Place for an educational breakfast event. Hilary Carlson, Esquire, LICSW, of the Law Offices of Jeremy W. Howe will discuss the legal and social importance of Durable Powers of Attomey.

A complimentary breakfast will be served. Don't miss this valuable opportunity to learn more.

February 22
7:30 am
RSVP by February 15

SEE OUR FLYER HERE

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The Law Offices of Jeremy W. Howe, LTD. are ElderLaw attorneys in Rhode Island who specialize in Wills and Trusts, Estate Planning, Guardianship, Probate, and Veterans Aid and Attendance Benefits.

They also are Newport Rhode Island Divorce Lawyers, Attorneys, Mediators, and Arbitrators providing services for Family Law issues such as Divorce, Child Custody and Visitation, Support, and Military Family Law. 

Call them today at 401-841-5700 or visit them on the web at http://www.CounselFirst.com.

Durable Power of Attorney in RI

Will your Durable Power of Attorney Work for You?

We often hear that “avoiding probate” is a good thing and in most cases the statement is true. The probate that is “avoided” is usually post-death probate. Many people use revocable and irrevocable trusts or joint-asset and “transfer on death” planning in such situations. But it is surprising how many people fail to have a Durable Power of Attorney prepared. It is even more surprising to see how many of the documents that are drafted cause confusion or simply don’t work in the manner intended by the “grantor” of the power. Here is a list of “do-s” and “don’ts”:

1. Do make your Power of Attorney “durable” so it will survive your incapacity.
2. Do nominate a sensible person as your “attorney-in-fact” and as a successor.
3. Do consider whether the power should be contingent on future events (“springing”) or immediate.
4. Do discuss protecting your assets after your incapacity from an attorney-in-fact who will not fulfill your ultimate estate goals.
5. Do read the power carefully before you sign it. If it does not make sense to you it probably won’t make sense to banks, financial institutions and others when it is used in the future.

1. Don’t nominate a person who has serious health issues or is older than you.
2. Don’t hold the document for more than five years without re-reading it and having an attorney review it. Things change!
3. Don’t confuse everyone by leaving joint attorneys-in-fact with unclear statements as to their respective powers or their separate powers.
4. Don’t place powers regarding medical decisions in your document if you have already designated another person to exercise those same powers in your “medical durable power of attorney”.
5. Don’t put the signing of this document off to the future. Dollar for dollar, it is the least costly way to “avoid probate” since it can avoid the necessity of a guardianship during your lifetime.”

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The Law Offices of Jeremy W. Howe, LTD. are ElderLaw attorneys in Rhode Island who specialize in Wills and Trusts, Estate Planning, Guardianship, Probate, and Veterans Aid and Attendance Benefits.

They also are Newport Rhode Island Divorce Lawyers, Attorneys, Mediators, and Arbitrators providing services for Family Law issues such as Divorce, Child Custody and Visitation, Support, and Military Family Law. 

Call them today at 401-841-5700 or visit them on the web at http://www.CounselFirst.com.

Durable Power of Attorney Validity

A REMINDER ABOUT THE VALIDITY OF YOUR DURABLE POWER OF ATTORNEY

When you sign a “Durable Power of Attorney” document, you name an “Attorney in Fact”, to act on your behalf in all financial matters. This power endures even if you become incapacitated, disabled or incompetent. However, many people do not realize that once you die, your Durable Power of Attorney is no longer valid. In other words, it dies when you die.

Often, the Attorney in Fact will attempt to access accounts post-death only to be told that he does not have the legal right to do so. Just recently a gentleman came into our office to discuss this very issue. He was a joint owner of his mother’s only bank account, but she was the sole owner of a mutual funds account worth approximately $125,000. On a Friday, this gentleman thought that he should – as his mother’s Attorney in Fact – transfer the mutual funds into the joint account so that he could pay her nursing home bills. But because he had other things that he needed to take care of that day, he put off the transfer intending to do it at the beginning of the following week.

Unfortunately, his mother died that weekend and her son was no longer able to access her mutual funds account. As a result, it became necessary to open a probate estate so that the son could be named Executor and then have the necessary power to access the account. While opening a probate estate is not difficult or complicated, it takes months to clear assets within an estate and there are court costs, inventory taxes and attorneys fees. In short, avoiding probate is a useful strategy to consider in many cases. Here, timely action under the durable power of attorney would have made life much easier for the family.

Whether you are granting a Durable Power of Attorney to a family member, trusted friend, a professional, or whether you are acting as the Attorney in Fact for a grantor of the powers, be mindful of the limitation of this power and act accordingly in managing assets and accounts.
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The Law Offices of Jeremy W. Howe, LTD. are ElderLaw attorneys in Rhode Island who specialize in Wills and Trusts, Estate Planning, Guardianship, Probate, and Veterans Aid and Attendance Benefits.

They also are Newport Rhode Island Divorce Lawyers, Attorneys, Mediators, and Arbitrators providing services for Family Law issues such as Divorce, Child Custody and Visitation, Support, and Military Family Law. 

Call them today at 401-841-5700 or visit them on the web at http://www.CounselFirst.com.

Newport RI Probate and Estate Attorney Jeremy Howe and Associates

Reflections While Rehabilitating

As I write this monthly client note, I am reflecting upon the events of the past two weeks since my new hip replacement. My physical therapist just left my home and I am quite satisfied that I am cleared to climb the stairs to the second floor and to enter and exit the shower.

Since the operation, I have been on unfamiliar ground and have been required to make many decisions affecting my recovery. In making these decisions I turned to the “experts” involved in my care including physical therapists, occupational therapists and nurses. I knew that I would get the best advice from those who are on the “front line” of pain management, muscle strengthening and recovery from a major physical trauma.

As a result of those consultations, I did decide to delay the return to my home by taking advantage of a week of rehabilitation. Similarly, I followed their advice regarding all of the “small” decisions that came up every day. Should I get help putting my socks on or should I do it myself?

Some of this may sound minor but my point is that all of us probably would do better if we “Counsel first” with hands-on experts before we make life decisions, large and small.

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The Law Offices of Jeremy W. Howe, LTD. are ElderLaw attorneys in Rhode Island who specialize in Wills and Trusts, Estate Planning, Guardianship, Probate, and Veterans Aid and Attendance Benefits.

They also are Newport Rhode Island Divorce Lawyers, Attorneys, Mediators, and Arbitrators providing services for Family Law issues such as Divorce, Child Custody and Visitation, Support, and Military Family Law. 

Call them today at 401-841-5700 or visit them on the web at http://www.CounselFirst.com.

A Reminder About the Validity of Your Durable Power of Attorney

Durable Power of Attorney News

When you grant Durable Power of Attorney to another person - your "Attorney in Fact" - you are giving that person the power to act on your behalf in all financial matters. This power endures even if you become incapacitated, disabled or incompetent. However, many people do not realize that once you die, your Durable Power of Attorney is no longer valid; in other words, it dies when you die.

Often, the "Attorney in Fact" will attempt to access accounts post-death only to be told that he or she does not have the legal right to do so. Just recently a gentleman came into our office to discuss this very issue. He was a joint owner of his mother's only bank account, but she was the sole owner of a mutual funds account worth approximately $125,000. On a certain Friday in September, this gentleman thought that he should - as his mother's "Attorney in Fact" - transfer the mutual funds into the joint account so that he could pay her nursing home bills. But because he had other things that needed to be taken care of that day, he put off the transfer intending to do it at the beginning of the following week.

Unfortunately, his mother died that weekend and the son was no longer able to access her mutual funds account. As a result, it became necessary to open a probate estate so that he could be named Executor and then have the necessary power to close the account. While opening a probate estate is not difficult or complicated, it does mean fees and time that might not have needed to be expended.

So a reminder: whether you are granting someone Durable Power of Attorney or whether you are someone's "Attorney in Fact," be mindful of the limitation of this power and act accordingly in managing assets and accounts.
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The Law Offices of Jeremy W. Howe, LTD. are ElderLaw attorneys in Rhode Island who specialize in Wills and Trusts, Estate Planning, Guardianship, Probate, and Veterans Aid and Attendance Benefits.

They also are Newport Rhode Island Divorce Lawyers, Attorneys, Mediators, and Arbitrators providing services for Family Law issues such as Divorce, Child Custody and Visitation, Support, and Military Family Law. 

Call them today at 401-841-5700 or visit them on the web at http://www.CounselFirst.com.

Newport RI Elder Law Attorney and Durable Power of Attorney Issue

Testimonial for Elder Law Attorney Jeremy Howe

Jeremy Howe, Newport RI ElderLaw Attorney met with a client recently regarding a family issue involving an attorney-in-fact using a Durable Power of Attorney improperly. After the meeting she wrote:

Thank you again for meeting with me yesterday regarding my family problem, especially on such short notice. I was very pleased with the information and advice you provided. You made it very easy for me to understand my legal standing regarding the concerns as well as the concerns of others who were involved.

Again, I can't thank you enough for the legal counsel and for the consideration you provided me. I especially admired your personable and informative, yet direct, approach regarding my family's specific needs.

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The Law Offices of Jeremy W. Howe, LTD. are ElderLaw attorneys in Rhode Island who specialize in Wills and Trusts, Estate Planning, Guardianship, Probate, and Veterans Aid and Attendance Benefits.

They also are Newport Rhode Island Divorce Lawyers, Attorneys, Mediators, and Arbitrators providing services for Family Law issues such as Divorce, Child Custody and Visitation, Support, and Military Family Law. 

Call them today at 401-841-5700 or visit them on the web at http://www.CounselFirst.com.

Will your bank accept your durable power of attorney?

Rhode Island Durable Power of Attorney

A client recently had a problem at Bank of America, as power of attorney for his mother. Their policy was to only allow a durable power of attorney if the account holder presented the original form to the bank themselves! This was a problem because client's mom was unable to leave her home. Be aware of what your bank's rules are in order to avoid a problem.

If you have questions about a durable power of attorney, or other elder law issues, call our attorneys at 401-841-5700. We make housecalls!


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The Law Offices of Jeremy W. Howe, LTD. are ElderLaw attorneys in Rhode Island who specialize in Wills and Trusts, Estate Planning, Guardianship, Probate, and Veterans Aid and Attendance Benefits.

They also are Newport Rhode Island Divorce Lawyers, Attorneys, Mediators, and Arbitrators providing services for Family Law issues such as Divorce, Child Custody and Visitation, Support, and Military Family Law. 

Call them today at 401-841-5700 or visit them on the web at http://www.CounselFirst.com.