Posts Tagged ‘Power of Attorney’

From Attorney Tim Bupp, chair of the CGA Law Firm Estate Law practice group. In this biweekly column, Attorney Tim Bupp shares with you lessons and perspectives from his twenty-five years as an estate planner with CGA Law Firm. Everyone has heard of a Last Will and Testament and knows that a Will is an important piece of an estate plan. But is it the most important piece? Let’s discuss the power of attorney – an underappreciated but vital part of an estate plan. 1.        What is a power of attorney? A power of attorney is a document where you… read more »

Adults are presumed to have capacity, but does everyone truly have it? Capacity is defined as the “ability to effectively communicate one’s wishes.” Capacity, however, is not a diagnosis. It is well settled in Pennsylvania case law that “…mere weakness of intellect resulting from sickness or old age is not legal grounds to set aside an executed contract if sufficient intelligence remains to comprehend the nature and character of the transaction.” Cardinal v. Kindred Healthcare, Inc., 155 A.3d 46, 50 (Pa. Super. 2017). There are several things that may “tip off” families that an individual would benefit from a capacity… read more »

Your wedding is a time of bliss and endless possibilities for a bright future together. While planning for your perfect day, don’t forget to protect those you love, as you start your new life together. Marriage is the right time to ensure your estate documents are in order. As you prepare for your future, take the time to meet with your estate attorney. Putting into place your vital documents like Wills, powers-of-attorneys, and health care directives will help provide you with the peace of mind that you will need for your perfect day. A Will is an essential document that… read more »

Accidents are the leading cause of death for young adults, and a quarter of a million Americans between the ages of 18 and 25 are hospitalized with non-lethal injuries each year. Can you imagine being unable to help or to make decisions for your child? It could happen if you fail to plan. When your child turns 18, your child transforms into an adult in the eyes of the law. Overnight, you no longer have direct access to personal information or the right to make decisions for your child, who may still depend on you. The laws that once protected your child… read more »

A durable Power of Attorney is probably the most useful tool that we use in estate planning. There are no substitutes for it. View this video by Attorney Tim Bupp to learn more about why a Power of Attorney is an essential document to have in place.A thoughtfully prepared estate plan that includes a Power of Attorney is not just beneficial to family members, it can provide tremendous peace of mind. You owe it to yourself and your loved ones to have a plan in place. AttorneyTim chairs the Firm’s Estate Law Section. He provides clients with specialized advice in Estate Planning, Business and tax planning, Real … Read more

Among the tax law changes adopted by Congress to address this year’s Coronavirus epidemic is one that will allow you to help others and save on your tax bill at the same time.   The CARES Act, approved by Congress this past Spring, gives taxpayers a dollar-for-dollar tax deduction of up to $300 when they make a documented cash contribution to a qualified charity before December 31, 2020. In order for the cash contribution to be documented you will need a written record of the donation like a receipt from the organization indicating your name, contribution amount and date.  This is an above-the-line deduction, … Read more

Recent legislation will help Pennsylvanians to manage their digital assets safely and efficiently. In Act 72 of 2020, our Legislature amended Pennsylvania’s POA Act to specifically allow an agent under a power-of-attorney to access the principal’s electronic communications and digital assets. The amendment is modeled on language in the Uniform Fiduciary Access to Digital Assets Act, and will assist an agent in navigating the requirements of online services to access and safeguard digital accounts and assets. Our online lives have become increasing complex, and our online estates – in the form of social media accounts, email addresses and communications, passwords, and other … Read more

As Pennsylvania transitions from Red to Yellow, significant restrictions will continue to limit our public interactions, and safety for ourselves and our loved ones requires continued separation.  However, these restrictions do not prevent you from assuring that important estate documents like Wills and powers-of-attorney are in place, updating those documents or health care directives to meet your needs, and making certain that your family and loved ones are protected.   At any time, having your Will and estate documents in place provides protection and peace of mind.  During the current emergency, the protection of good estate planning is essential.  Fortunately, our Legislature has acted … Read more

A message from the Estate Practice Group Chair In these difficult times, our first, last and foremost thought is the safety and well-being of our clients, our employees, and all of our families.  In such times of uncertainty, all of us desire the reassurance of knowing that essential estate planning documents are in place to provide for and protect our loved ones.  At CGA, our goal is to assure our clients that they have the strong and updated estate documents they need, provided in a manner that protects the safety of our clients, our employees, and our nation.  To that … Read more

COVID-19 Update: POAs in Troubled Times On Tuesday, March 24, CGA’s estate attorneys participated in a Canon series teleconference, co-sponsored by our friends at ACNB Bank, outlining the very latest legal guidance on that most important of estate documents, the durable power of attorney (“POA”). The following are notes from that seminar.   1.  Irreplaceable.A POA allows us to appoint a trusted person like a spouse, parent, child, or other family member to help and assist us with decisions if we are unable to take action on our own. There is really no substitute for a valid POA; without one, family members … Read more