POA is not just a form! No one knows that better than fiduciary litigator Tim Holman, or any estate planner who realizes long after creation that the POA is generating unintended problems…problems that could have been avoided with more foresight. In just an hour briefing, Tim offers wisdom gathered over his career: simple steps you can take back to the office and incorporate in your normal work routine. This course is complimentary to Tim Holman’s video, “Top Tips to Prevent POA Abuse,” and has great value to estate planners and any lawyer who deals with fiduciaries. And what lawyer shouldn’t review his/her own POAs? The time is now.
-Why you should meet the Principal and the Agent in person?
-Why should you know the past gift-giving and other spending habits of the Principal?
-How should you handle the Principal’s future expectations about gifting under the POA?
-What are Waivable Duties, and why you should think hard before advising your client to make a waiver?
-Why are some powers called “Hot Powers,” and how can they burn the lawyer?
-When is it prudent to recommend a professional agent?
-Throughout the life of the POA, when would you optimally talk to the agent?
-Why confer standing on a third party to review the Agent’s actions? How and when would you do this?
Originally recorded in January, 2018.