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When Can A Bank Refuse To Accept A Power Of Attorney (Part 4)

Posted by on Mar 16, 2018 in NJ Elder Care | Comments Off on When Can A Bank Refuse To Accept A Power Of Attorney (Part 4)

By Fredrick P. Niemann, Esq. of Hanlon Niemann & Wright, a Freehold, NJ Power of Attorney Lawyer Parts 1, 2 and 3 of this series addressed the topic of when a bank can refuse to accept a Power of Attorney. The final part of this series will continue this discussion and dive further into the statutes in New Jersey. Of course, the bank has every right to seek proof that the agent is, in fact, the person, he or she says that they are and can demand forms of identification.   If the bank rejects the Power of Attorney, the institution is...

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When Can A Bank Refuse To Accept A Power Of Attorney (Part 3)

Posted by on Mar 16, 2018 in NJ Elder Care | Comments Off on When Can A Bank Refuse To Accept A Power Of Attorney (Part 3)

By Fredrick P. Niemann, Esq. of Hanlon Niemann & Wright, a Freehold, NJ Power of Attorney Lawyer Part 1 and Part 2 of this series addressed the topic of when a bank can refuse to accept a Power of Attorney. Part 3 will continue this discussion. Another basis for the bank to reject the Power of Attorney is if it is more than ten (10) years old and is being used for the first time.   I have had several situations where clients have presented Powers of Attorney over ten (10) years old and which have never been used and are surprised to...

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When Can A Bank Refuse To Accept A Power Of Attorney (Part 2)

Posted by on Mar 16, 2018 in NJ Elder Care | Comments Off on When Can A Bank Refuse To Accept A Power Of Attorney (Part 2)

By Fredrick P. Niemann, Esq. of Hanlon Niemann & Wright, a Freehold, NJ Power of Attorney Lawyer In Part 1 of this series I touched briefly on some key points and questions surrounding the use of a Power of Attorney. Under N.J.S.A. 46:2(b)-13 issues involving Powers of Attorney are codified, meaning made into law.  The law specifically says that a banking institution shall accept and shall rely on a Power of Attorney which conforms to the law and must permit the agent to act and exercise the authority set forth in the document.  ...

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When Can A Bank Refuse To Accept A Power Of Attorney (Part 1)

Posted by on Mar 14, 2018 in NJ Elder Care | Comments Off on When Can A Bank Refuse To Accept A Power Of Attorney (Part 1)

By Fredrick P. Niemann, Esq. of Hanlon Niemann & Wright, a Freehold, NJ Power of Attorney Lawyer Nothing is more frustrating than having the bank refuse to accept a Power of Attorney especially when the holder of the power is acting on behalf of an aging or incapacitated adult, a family member, loved one or friend.  At one level it is understandable that banks are afraid of fraud and the wrongful abuse of legal documents especially as powerful as a Power of Attorney but not everybody is a crook and most people use the Powers of Attorney...

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If You Donate Your Organs Or Body Can Your Family Still Conduct A Funeral

Posted by on Jan 29, 2018 in NJ Elder Care | Comments Off on If You Donate Your Organs Or Body Can Your Family Still Conduct A Funeral

By Fredrick P. Niemann, Esq. of Hanlon Niemann & Wright, a Freehold, NJ Elder Care Attorney The topic of organ and body donation is sensitive.  Even the undersigned is squeamish when the thought of having critical body parts and/or my deceased body donated to medicine or science. Clients and I discuss this “uneasiness” all the time and while on a cerebral level, we all realize we are dead, on an intuitive and emotional level we still fear some “after death consequence” by making an organ/body donation. So what’s the law on organ...

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US Supreme Court Invalids Mandatory Arbitration Of Nursing Home Claims In New Jersey

Posted by on Dec 13, 2017 in NJ Elder Care | Comments Off on US Supreme Court Invalids Mandatory Arbitration Of Nursing Home Claims In New Jersey

By Fredrick P. Niemann, Esq. of Hanlon Niemann & Wright, a Freehold, NJ Arbitration Attorney Recently, the United States Supreme Court ruled that a state law which prohibits Mandatory Arbitration written specifically for the long term care industry violates the Federal Arbitration Act because it singles out Arbitration Agreements for disfavored treatment. Federal Law makes an Arbitration Agreement a valid and enforceable contract.  Under state law a Court may invalidate an Arbitration Agreement only upon generally accepted contract...

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A Parent Can Name Ex-Felon Son as Executor, Power of Attorney & Fiduciary

Posted by on Oct 23, 2017 in NJ Elder Care | Comments Off on A Parent Can Name Ex-Felon Son as Executor, Power of Attorney & Fiduciary

By Fredrick P. Niemann, Esq. of Hanlon Niemann & Wright, a Freehold, NJ Estate Planning & Elder Care Attorney My client is updating her estate planning. She’s 60 and divorced. At age 19 her son was convicted of a felony and spent a year in prison. Twenty years later he’s responsible, trustworthy, has a job and a family. She wants to name him personal representative under her will and power of attorney. However, friends tell her he can’t serve because of that conviction. He is her only beneficiary with no meaningful next of kin, so...

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Power of Attorney Naming Multiple Parties as Agents May (WILL!) Present Problems

Posted by on Oct 4, 2017 in NJ Elder Care | Comments Off on Power of Attorney Naming Multiple Parties as Agents May (WILL!) Present Problems

By Fredrick P. Niemann, Esq. of Hanlon Niemann & Wright, a Freehold, NJ Power of Attorney Lawyer Clients often ask me to prepare a Power of Attorney. Often they have two or more children and ask if they should name both (or none) of them as attorney-in-fact. Most of the time the clients assume then children will jointly agree to make all decisions about everything together. But that’s when the clients thinking seems to stop. A dual agent power of attorney can and generally requires each agent to agree in order to act. The easier (and I...

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Who Gets to Control my Dead Body? Part 2

Posted by on Jul 5, 2017 in NJ Elder Care | Comments Off on Who Gets to Control my Dead Body? Part 2

By Fredrick P. Niemann, Esq. of Hanlon Niemann & Wright, a Freehold, NJ Estate and Probate Attorney In Part 1 of this series I introduced you to a court case involving who has decision making powers over funeral arrangements and payment obligations among family members. In Part 2 I will be discussing the appeal of this case. The interment statute of New Jersey, creates a hierarchy as among survivors for purposes of determining which of them is authorized to control the disposition of a loved one’s remains. At the same time, however, the...

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Who Gets to Control my Dead Body? Part 1

Posted by on Jul 5, 2017 in NJ Elder Care | Comments Off on Who Gets to Control my Dead Body? Part 1

By Fredrick P. Niemann, Esq. of Hanlon Niemann & Wright, a Freehold, NJ Estate and Probate Attorney Here is another recent court case involving priority of decision making for funeral arrangements and the payment obligations for that funeral among family members and the estate executor when a conflict on reimbursement costs comes up. N.J.S.A. 45:27-22(a) provides that if a testator (creator of the will) appoints a person “to control the funeral and disposition of human remains, the funeral and disposition shall be in accordance with the...

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