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Video

BETA - How often should i review my power of attorney?

Posted by
HealthTree Logo HealthTree
• May 1, 2023

Description

Learn about how often should patients review their power of attorneys in this HealthTree University lesson.

On this video

Healthtree contact Marsha Calloway-Campbell

Marsha Calloway-Campbell

Transcript

How often should I review my power of attorney? Certainly if there's a change in someone that you named, but also if there's a change in maybe your health. Because again, it's all about being incapacitated or disabled and not able. If you're able, you can have me named as your agent, but if you're able to handle your affairs, I should be doing nothing at all with your affairs. So just revisit them, any life changes. I say to people, you get married, you divorce, somebody dies, people have children, for your estate plan. I say you review it every five years or so anyway. If I move to a different state, do I need to update my power of attorney? I advise people to do that. Every state is so different. I say that, but then there are some things that are the same. But because none of us as lawyers keep up with the state even next to us, so I'm right across the bridge from Kentucky, I could not tell you what the laws of Kentucky say. So yes, I advise people when they come to or move to a different state or come to Ohio, let's do a new document for you. One other thing I want to say about time. I have had in the last six months, five clients that have come to me with documents that were done in the 80s and 90s. And I applaud them for being proactive at that point in their lives. Usually they were younger and now they're older. I applaud them for doing that and they will. Sometimes I get the argument, aren't these still in effect? Technically, yes. But the laws have changed and things have changed and things are being added into documents that weren't in there then. So I don't advise you take documents from 1980 and think that everything is fine. I advise you to do new ones. In Ohio, the agent does not need to live in the state. But let's think about practically. If you name me and I'm in Ohio and you're not, and you become disabled, am I going to have to take off from my job and spend time with you in your state to handle your affairs? So you have to really think practically. How long am I going to have to be there with you handling your affairs? So most people I say it is someone within their state or area. The large majority of people, it's a relative. So yeah, that's what I would say about that. When should you have one? You should have one right now at whatever age. And let me explain that. So kids go away to college. Well no 18-year-old is ever going to say to their parents, let's get that general durable POA sign. That just does not happen. And when they go to school, you know, schools are, I've put three through college and I would call and say, hey, I need to know about what happened with her. No, no. Did she sign that form? I forced all of mine to sign the form though. But a lot of people don't. And if it came down to it, if you know, something went down with them, the parent is the next of kin and you would eventually, you know, get to do whatever. But we're talking the business POA now. So say they opened up another bank account when they got to school. I came from West Virginia to Ohio. I immediately went to the credit union and I opened up a bank account. If something were to happen that they couldn't cash their checks or deposit them, no one would be able to get in those accounts without a lot of problems. Say young people, young women just having a baby. You don't know when something's going to happen. Think about young men or women who aren't married. And let's say they have a child or they don't. But if something happens to them, who is going to handle their business? So even young people should have a POA. Have somebody name that if you get in a car accident, you need to have someone be able to go to your bank and get some money out for you.

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