Page 53 - Senior Link Magazine Summer 2024 - Online Magazine

SENIOR RESOURCES

a manila envelope, one set stapled institutions have an incentive Texas Estates Code usually has
to give away as needed, and one to scrutinize powers of attorney sufficient provisions to deal with
set paper-clipped so that the client carefully due to the risk of fraud unavailable named executors
can easily make more copies. or misbehaving agents, and they or deceased beneficiaries.
Finally, I keep electronic copies for might more readily accept them Nevertheless, it may be convenient
backup and convenient reference. if presented by the client ahead of to redo a will for those and other
urgent need. Even so, the client reasons. Similarly, medical powers
As for distributing copies, I first should keep in mind that they of attorney and HIPAA Releases
advise my clients that these must notify anyone in possession can be updated from time to
documents have not been chiseled of a revoked power of attorney. time if enough names, addresses,
into stone and that, from time to and phone numbers change, but
time, they might want to make As a practical matter, the three because of the greater scrutiny
changes, in which case, they may medical documents mentioned applied to financial powers of
need to provide updated copies to in the first paragraph typically attorney, executing a new one
anyone who has an old version. do not undergo the same level of every five years or so will reduce
scrutiny. I believe that the care the chances that an institution will
Wills generally should not be giver or provider examining one reject it just for being a little stale.
widely distributed because a copy of these documents generally is All that said, powers of attorney
of a will can be probated. While looking for a reason to act on it should name one if not two
that may work when the original and not to reject it. Again, I think alternate agents, and if there are
simply has been lost, there is a that anyone named should have a no remaining alternates, it should
presumption that the testator copy, but beyond that, it would be be a high priority to execute a new
revoked it, and indeed a more appropriate to share with primary one.
recent valid will could be withheld care physicians,
by someone happier with the old specialists, home
one. Certainly, named executors health agents, and so
should know where the will is forth. Most hospitals
kept even if they do not have a provide ways for
copy themselves. patients to have these
documents included in
The other documents are medical charts, making
useful during life, not just them available in any
for emergencies, but also for facility operated by
convenience, and it is not the hospital or hospital
convenient if no one has a copy. group.
Generally, I suggest clients give
a copy to anyone named in a Finally, none of these
document. Further, I advise my documents require
clients to consider giving copies of updating due merely
their financial powers of attorney to age. However, there
to their banks, financial advisors, is something to be
brokers, pension administrators, said for usefulness
and such. My older clients I and convenience. As
may advise to give copies to long as a testator’s
life insurance companies where distribution scheme
they have policies. Financial remains the same, the

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