People often overlook Powers of Attorney. They (and unfortunately some of their advisors) often see these documents as three-page forms to throw into estate planning "as an extra." In our experience, most fraud (or honest mistakes) against a person’s estate takes place exactly when the person is mentally incapacitated. It is just then that a person needs a comprehensive, detailed financial power of attorney administered by a tough agent.
One of the deep misunderstandings regarding powers of attorney is that these documents are "old folks" documents. "Stupid" is a harsh word, but maybe a good one to wake you up to this kind of poor thinking. All three major U.S. Supreme Court cases involving medical directives (a cousin to powers of attorney) involved young women in their thirties (Terry Schiavo, for example, simply fell down some steps with subsequent brain damage). Powers of Attorney–when drafted correctly–are powerful insurance documents–preventing numerous expensive and emotionally devastating problems.
Many of the problems that occur after a person dies have their origin when the person was alive but incapacitated. It is precisely when dad or mom does not have full grasp of his or her faculties that ownership documents are quietly changed by adult children. These changes are sometimes made with good intentions (because the adult children do not understand how assets can be owned and controlled with powers of attorney). And sometimes these changes are made by adult children who know exactly what they are doing, deeply rationalizing their theft. Oh, the frustrating stories we can tell about good children rationalizing fraudulent actions, or about the consciously greedy really getting away with fraud and theft.
Probate litigation could be reduced fifty or sixty percent with effective powers of attorney, drafted by us or other thoughtful experts who have seen all the tricks in the book.
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