Save Your Estate: Power of Attorney when Incompetent

Save Your Estate

Why should the government or anyone else direct what happens with your estate assets? Why should a court, a stranger, or someone other than your choice make the medical and financial decisions for you if you become sick and incapacitated? Why should anyone other than your spouse, life partner, or the one you choose make the decisions about your illness, hospital visits, your funeral and what happens to your estate?

About Me

Name: Ron Cappuccio

Location: Cherry Hill, NJ, United States

Ronald J. Cappuccio, J.D., LL.M.(Tax), business and tax attorney, has more than 30 years of tax and business law experience. Our firm helps form businesses and helps you grow and increase the profitability of your business. We will not let the IRS and state government prevent you from being successful. As a lawyer since 1976, admitted to practice before NJ State and Federal Courts, including the US Tax Court and the Court of Federal Claims, I have helped clients from around the U.S. as well as multi-national clients. I have dedicated my life to agitating people - especially the IRS and government functionaries. I have never worked for the IRS and therefore I do not have to worry about them as former colleagues. Fighting the government so you can keep your money is just plain fun for me!

Saturday, November 05, 2005

Power of Attorney when Incompetent

===========Question: ===========1. If there are multiple names on checking accounts, bank statements, CD's, etc. and one of those parties is not a functioning party, can the state take that part of their money if that party needed the state to take care of them?2. How can I get Power of Attorney and what is the criteria?

===========Reply: ===========A Power of Attorney can only be created by a person who is mentally competent. Nevertheless, since you indicated the accounts are in joint names, if each party has the right to withdraw funds without the signature of the other, you could withdraw the funds. Whether the State or some other party may make claims is a different issue. Therefore, if you withdraw the funds, place them into a separate accont in your own name so they are available if a dispute arises. You will probably need the help of a good lawyer.

I you have further questions, please check my website at www.saveyourestate.comI hope this helps!

Ron Cappuccio