Preventing Challenges to Your Financial Power of Attorney

Preventing Challenges to Your Financial Power of Attorney

Ensuring Acceptance of Your Financial Power of Attorney: Protective Measures

Consult with an Estate Planning Lawyer

Engage a skilled estate planning lawyer to review your financial power of attorney (DPOA) and address potential challenges. Seek advice on other estate planning documents, ensuring comprehensive protection.

Sign Documents in Front of Witnesses

Sign your paperwork in the presence of witnesses, even if not mandated by your state. Witnesses should sign declarations affirming your clear understanding and independent signing, providing strong evidence of your competency.

Obtain a Doctor’s Declaration

Secure a recent and signed statement from a doctor affirming your mental soundness around the time of signing your DPOA. Attach this declaration to your document to serve as evidence if needed.

Create a Video Declaration

Consider recording a video declaration expressing your intent to make and sign the DPOA. While not essential, it can further diminish the likelihood of a successful challenge to your competence. Keep the video with your DPOA document.

Exercise Caution with Videos

Be cautious about potential drawbacks of using a video. Adversaries may exploit visible cues or language in the video to argue against your mental competence when creating the document.

Taking these precautions can enhance the chances of your financial power of attorney being accepted and minimize the risk of legal challenges.

Source:

  1. 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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