"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.

Music Soothes Dementia Sufferers

For Elders With Dementia, Musical Awakenings

Henry, an elderly Alzheimer's patient in an American nursing home, recently became a viral star. In a short video that has been viewed millions of times online, he starts out slumped over and unresponsive — but undergoes a remarkable transformation as he listens to music on a pair of headphones.

The clip is part of a documentary called Alive Inside, which follows social worker Dan Cohen as he creates personalized iPod playlists for people in elder care facilities, hoping to reconnect them with the music they love. Cohen tells NPR's Melissa Block that the video of Henry is a great example of the link between music and memory.

"He is able to actually answer questions and speak about his youth, and this is sort of the magic of music that's familiar for those with dementia," Cohen says. "Even though Alzheimer's and various forms of dementia will ravage many parts of the brain, long-term memory of music from when one was young remains very often. So if you tap that, you really get that kind of awakening response. It's pretty exciting to see."

Cohen says his goal is to make access to personalized music the standard of care at nursing facilities. An early concern, he says, was that headphones might isolate the patients even further. But when he first implemented the project on a large scale in 2008, putting 200 iPods in four facilities around New York, he got the opposite result: a flood of stories from the staff about increased socialization.

"People wanted to share their music with others: 'Here, you've gotta listen to this,' or 'What was the name of that song?' " Cohen says. "The music is great, but to me, perhaps the even bigger win is people having better and more relationships with those around them."

Read more 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.

Bank of America Says Power of Attorney Does Not Grant Access to Online Banking

Newport Rhode Island Durable Power of Attorney

See the link below for this Article entitled,

"Bank of America Says Power of Attorney Does Not Grant Access to Online Banking"

which was provided by ElderLaw Answers.

As an elder law attorney, I would like to know whether Bank of America would allow her to access the account online if there was language in the power of attorney that specifically allowed her that power. The key to most powers of attorney is the language. If it was not specifically listed but the powers given are general, then I would suggest pushing Bank of America's legal advisers to provide the authority for making up their own rules as they go along.

Article: http://www.elderlawanswers.com/resources/article.asp?id=9197


If you or your loved ones do not have a durable power of attorney, medical durable power of attorney and executed living will, call us to make an appointment at 401-841-5700.
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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

Newport RI Divorce Case Results

Barrington Divorce Attorney Results

We represented our client as the seller’s agent at a real estate closing on the marital home, several months after the Final Judgment had entered. Our client had since moved out of state, and needed to appoint a Power of Attorney to attend the closing on his behalf.

We also reviewed the closing settlement statement with regard to disbursement of the final proceeds. We were able to point out that overdue motor vehicle taxes should have been allocated to the ex-Wife’s portion, and that our client should not be responsible for those.

This resulted in a savings of more than $800.00 to our client.

Kristy J. Garside, Esq.
Associate Attorney
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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

Newport RI Elder Law Attorneys and Social Security Online

APPLY FOR SOCIAL SECURITY ONLINE!

According to ElderLawNews Weekly, there are $10,000 applicants for social security benefits every day. The Social Security administration has set up a user-friendly website. To apply for benefits, go to www.socialsecurity.gov and click on “Applying Online for Retirement Benefits.”

[disclaimer: We forward this monthly elderlaw newsletter each month to educate and inform our clients and friends. The fact that we have delivered it does not substitute for legal advice since most elderlaw advice is case-specific. We also do not agree with all of the information and opinions contained in the newsletter. For example, we found that a recent article describing assisted living facilities and family use of such facilities did not conform with our experience in Rhode Island.]

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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.