The Power of Attorney - Protecting you Family

There are few circumstances when your loved one should execute a financial power of attorney that gives their agent the immediate authority to make financial decisions. Financial powers of attorney are one of the easiest ways to commit elder financial abuse.

The preferred method is to require that the agent's authority is granted only after two qualified medical doctors declare in writing, under penalty of perjury, that the elder is mentally incompetent and unable to make sound financial decisions.

Although still not foolproof, this requirement gives a great deal of protection against financial exploitation. A bad guy must now involve two doctors in order to carry out the rip-off.
It is always possible that the perpetrator will simply have the elder execute a new power of attorney that revokes all prior powers and gives the agent the immediate authority. When family members and friends are actively involved in the elder's life, the crook will have much more difficulty in accomplishing this without being caught.

When the elder has no immediate family or friends, the odds of being financially abused are greatly increased. However, there are still some preventive measures that can be taken to reduce the risk.

Speak with bank personnel and other financial institutions where the elder's money is invested. Show them the power of attorney and explain that its purpose is to protect the elder in case someone tries to take advantage. Point out the added protection that requires two qualified medical doctors confirm the elder's lack of capacity before the power of attorney is effective.
Ask them to red-flag the elder's accounts by placing a computer notation that the bank personnel should question any substantial withdrawals or unusual activity.

In my city and state (Riverside, California), for example, a law exists that makes all bank employees a mandated reporter. This requires bank personnel to report any reasonably suspicious activity to local law enforcement. In states where similar laws exist, bank employees will receive some training to identify the signs of financial exploitation in order to comply with their mandated reporter requirements.

Many family members hesitate on broaching the subject of powers of attorney, in fear that their elderly loved one may take offence and tell them to mind their own business. Every family has their own unique dynamics. However, you can ease some of the awkwardness by doing some of your own research and sharing it with your loved one. Many counties agencies have informational brochures that explain the purpose in creating powers of attorney and how they can assist in financial matters.

Delaying the discussion often results in no action being taken. Then, when the need arises, it is often too late because the elder no longer has the requisite mental capacity needed to execute the power of attorney.

There is no surefire way to avoid financial exploitation of an elder. However, through education, discussion and assistance with the financial institutions involved, and with the help of a qualified elder law attorney, a power of attorney can be put in place that affords piece of mind that the chances of financial abuse are minimized.
By: George F. Dickerman, Esq.

Tips on Finding the Best Tax Attorney

Getting the best tax attorney is very important when you want someone to take care of your finances. In order to do that you need to know how to choose the best tax attorney. Doing some research will surely help you to know what aspects to look for when you intend to hire the best tax attorney in Denver. You will then know exactly what question to ask the aspirants for the job that you offer. If you do your research you will also know what kinds of references to search for when you want the best tax attorney. It is in your interests to ensure the investment you are making is worthwhile.

If you really need the best tax attorney the first thing that you have to inform yourself of is the experience that the Denver attorney has. This means that you have to know what education he/she has and if he or she actually worked as a tax attorney. You should ask if the person ever worked for the IRS because if he or she did, it will be much easier to negotiate in your benefit. If your problem is a non-criminal issue then the best tax attorney for you is the one that has experience in the IRS Office of Chief Counsel. Even if we should give a chance to people that do not have yet this kind of experience if you have a difficult tax matter the best tax attorney is the one that has worked for the IRS or for another financial authority.

The minimum that a tax attorney should have is a Master’s of Law in Taxation. This is also named the LLM in taxation and it shows that the person studied the tax law for at least one year. The best tax attorney should continue to learn about the tax law even after he or she graduated because the tax law is constantly changing. This aspect could be verified by searching for evidence like articles published by the tax attorney in publications in the domain. Quality advice can be given only by the tax attorney that knows what changes occurred in the tax law evolution.

A specialist is the best tax attorney for you if he or she already handled the exact matter that you have now. When you want to know this you have to put questions to the about the topic that you are interested in and you should start a detailed discussion. You can read more about tax attorney essentials at http://www.taxattorneyresource.com

There are some other general but important aspects that you must consider too when you want the best tax attorney in Denver. The specialist should have good communication skills and should be a good negotiator. In this way, he or she will be able to do the best in your case. An essential requirement is for you to search more than one option when you intend to employ the best Denver attorney.