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Home » Power of Attorney » You Need to Update Your Financial Power of Attorney

You Need to Update Your Financial Power of Attorney

May 24, 2011 by John Potter

If you’re like most people, it hasn’t occurred to you that you need to update your financial power of attorney on a regular basis.  Updates are required for a couple of reasons, but the main reason to update is to better ensure that your financial power of attorney is accepted when needed.

“Old” powers of attorney are often refused.  Sure, your agent could sue the refusing institution, but who wants to deal with that?  It’s better to have an up-to-date power of attorney that will be accepted.

If your power of attorney was executed (i.e. signed) more than 5 years ago, get a new one.

It is also beneficial to update your financial power of attorney because life changes.  Your named agent or successor agent may have become incapacitated or died.

Or, perhaps, you are just ready to name someone else.  For example, you may have gotten remarried, or your children may now be adults and you want to name them.

In addition to life changes, there are always changes in the law.  A new power of attorney will catch all these changes.  Even though your old power of attorney is legally valid, your agent may have trouble getting it honored if it doesn’t have current legal requirements.

Your estate planning attorney also continues to learn how to help you in better ways.  There may be new terminology, language, or techniques that she will incorporate into your new power of attorney.

Be sure to update immediately if you’ve moved to a new state.  While moving doesn’t invalidate your old power of attorney, if it doesn’t meet the requirements of your new state, it is likely going to be more difficult to get it honored.

In addition to the financial power of attorney, be sure to update your health care power of attorney and your child care power of attorney as well.

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Filed Under: Power of Attorney Tagged With: Financial Power of Attorney

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Overall The Potter Firm was very professional. They took what could of been a very complicated process and were able to break it down so it was a lot easier to understand. We are confident we now have made the right decisions in our estate planning. Good firm to work with.

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John Potter has been a real pleasure to work with. He is very knowledgeable and explains things in a very simplistic manner so the average person can understand how/why the laws are written. He is very attentive and asks questions in such a way that not only helps him understand your goals, but also helps you think about what type of goals and expectations you should be considering. Exemplary client service.

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My husband and I selected Ms. Potter to assist with our small business. She responsive and attentive every time I have a question or need assistance, and is extremely knowledgeable and able to answer any legal question I have had. I know I can count on Ms. Potter for all of my business legal needs and I would highly recommend her to anyone needing legal assistance with such.

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