Tuesday, August 26, 2014

Power of Attorney Is Not Always a Solution

FOR millions of people over the decades, the power of attorney has been an inexpensive way to give someone the right to act on another person’s behalf. But its power is not always absolute and when it fails, the consequences can be nothing short of disastrous.
Take the cautionary case of Christine, a 62-year-old Connecticut woman, who agreed to tell us her story so others might learn from it, but asked that her last name be withheld to protect her and her family’s privacy.
After a difficult time sorting out their parents’ estate, Christine’s older brother promised his sisters he would set his own affairs in order so they would not face the same messy process.
He drafted a will, titled accounts to transfer to them on death, listed where everything was and drew up a health care proxy and a power of attorney should he become incapacitated. He used an experienced lawyer and sent copies of what he had done to his sisters. In other words, he did everything right. Almost.


That was in 2010, and Christine did not think about it again until she received a call this spring from Greenwich Hospital in Connecticut, saying her brother had been taken there after being pulled over for driving the wrong way on a street. A day later, she learned that her brother, who is 73, had severe dementia.

“He thinks he’s in 1964 and he just got out of the Air Force,” she said. “The last 50 years have disappeared pretty much.” Read More.



Photo

A Connecticut man had his affairs in order when he developed severe dementia, but his family still faced difficulties.


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