These points may guarantee that your financial power of attorney is approved.
If you believe someone is potentially to go to court to contest your durable power of attorney for finances (often referred to as a financial power of attorney) or might assert that you were pressured into signing it, you are able to take a number of measures to cut off problems.
Consult with a lawyer. You might want a lawyer to go over your financial power of attorney if you’ve devised it yourself. A skillful estate planning lawyer can answer questions concerning your durable power of attorney (DPOA) and about your other estate planning documents additionally. For instance, you might also be anticipating challenges to your will, a trust, or healthcare wishes. You can ask a lawyer concerning all these matters.
The reason is to have the lawyer put your concerns at rest by verifying that your estate plan is going to hold up through the objections of your uncompromising family members. Your lawyer can also bring evidence concerning your mental competence if the need arises.
Sign your paperwork in front of witnesses. You can sign your paperwork in front of witnesses, even when your state doesn’t necessitate it. Following them seeing you sign, the witnesses on their own sign a declaration that you have shown to know what you were signing and that you signed on your own. If an individual challenges your competency later, these declarations are going to be strong evidence that you were able to think clearly at the time you signed your paperwork.
Obtain a doctor’s declaration. You might want to acquire a doctor’s declaration around the time you sign your DPOA. They should write, date, and sign a brief statement saying that they have recently seen you and deems you to be sound mentally.
Attach their declaration to your DPOA. Then, when necessary, your agent can submit the declaration as evidence that you were mentally sound when you signed your paperwork.
Make a video. You can also video a declaration of your intention to make and sign your DPOA. Such a step should not be required but going to this far may further decrease the chances of a successful challenge to your competence. If you do make a video, keep it with your POA document.
Warning. Be wary that using a video might work against you in some situations. The individual challenging your POA document is going to want to use any visible mannerisms of behavior or language as proof that you were not in fact mentally competent when you created your document.
Shae Irving, J. D. (2011, October 10). Preventing challenges to your financial power of attorney. www.nolo.com. Retrieved October 17, 2022, from https://www.nolo.com/legal-encyclopedia/preventing-challenges-financial-power-attorney-29587.html
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