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Providence Legal Issues Blog

How do you revoke power of attorney?

Reaching the point of incapacity is something that you may need to contemplate as part of your estate planning. If and when that happens, who is to make important decisions in your stead (particularly involving your medical care)? Empowering a family member or friend in Providence with durable power of attorney eliminates the issue of who will act on your behalf in regard to your health care. There may even be scenarios where you might want to grant another with this authority even if you are not completely incapacitated. Yet simply giving one power of attorney privileges does not necessarily mean that all of their decisions may be in your best interest. 

The prompts the question of whether or not there is a way to revoke a durable power of attorney. Section 23-4.10-3 of Rhode Island's General Laws states that you can revoke a durable power of attorney at any time in any manner in which you are able to communicate. This may include the spoken or written word, or any other available means of communication. Your wishes in this regard are to be respected regardless of your mental or physical condition at the time. Thus, whoever had previously been granted power of attorney cannot argue that you are not in the right mental state to make such a decision. 

Late author's daughter objects to casting of play characters

When preparing one's estate plans in Providence, one of the most important decisions to be made may be the selection of an executor. Whoever is asked to fill this role may be stepping into a monumental undertaking, one that can last for years (or even longer). This may be particularly true for estates that count intellectual properties amongst their assets. Renowned novels, songs or works of art may endure for many generations, and people may one day want to utilize them in their own works. It is in these scenarios where an executor or personal representative may really need to work to ensure that a creator's interests are well-represented. 

This fact was on full display in a dispute between a theater production company and the estate of the late novelist Arthur Miller. At the center of this dispute was the casting of two roles in an upcoming Broadway revival of one of Miller's stories. The director of the play wanted to cast African-American actors in the roles, yet Miller's daughter (who oversees her father's estate) objected. She did not have an issue with the casting of African-American actors in general, but rather that casting them in these two roles in particular would be at odds with the historical context of the story. Ultimately, the director of the show ended leaving the production as a result of the dispute. 

What are some common mortgage scams?

For homeowners in Rhode Island, foreclosure can be a scary prospect. That’s why many scam artists prey on people facing foreclosure by offering methods of preventing it. To ensure you can recognize common scams and take the proper steps to avoid them, the Federal Trade Commission offers the following information.

Forensic loan audits

What is a living trust, and what can it offer me?

With so many different estate planning documents, it can be difficult to keep them all straight. While many people are familiar with a will and what that offers, other documents, like a living trust, are sometimes overlooked because people do not understand how the document may benefit them.

A living trust is an estate planning document designed to avoid probate proceedings, which can be expensive and time-consuming. A living trust can also provide a more private way to pass on assets. This is because living trusts are not public record the way probate is.

How can I avoid common estate planning mistakes?

Having a solid estate plan in place offers great peace of mind to both you and your family. However, it’s important that your plan is valid and legally binding, otherwise you run the risk of ending up in probate court. To help you and your legal team craft a reliable estate plan, The Street offers the following advice.

Make sure your documents are organized

What do I need to know about home inspections?

Home buyers in Rhode Island have a lot to contend with. Along with applying for a loan and bringing together all pertinent documents, buyers must also think about having a home inspection performed. This is an integral step in the real estate process, as an inspection reveals information about a property that would be hard to discover on sight alone. Realtor.com offers the following information on home inspections and why they’re so important.

Don’t sacrifice quality for price

Can I write my own will?

Some people in Rhode Island choose to write their own wills to save money on legal costs. While there are numerous DIY estate planning tools available, creating your own will can end up costing you and your family both money and time in the long run. The Balance offers the following insight, which might make you think twice before creating your own will.

There are many different laws governing the creation of estate plans. While some of these laws exist on the federal level, there are also state laws that must be adhered to. If your will fails to comply with laws regarding estate taxes or doesn’t contain the necessary components, it could end up in probate. This is a costly and time-consuming legal process of proving a will, which can have a negative impact on your estate.

What you need to know about power of attorney

One of the most important parts of an estate plan is who you choose to handle your affairs. You will be placing a great amount of power in this person’s hands to act on your behalf. Because of this, you will want to make sure this person is trustworthy and capable of handling the job.

The size of your estate and your health conditions may play a part in making your choice of power of attorney. You may decide it is beneficial to make specific designations. Here are some elements of power of attorney that you should know.

Adding and removing beneficiaries from your will

When it comes to your will, you may have many different things to take into consideration. However, the way in which you divide your assets among loved ones is a crucial part of your will and our law office also realizes that this can be an especially difficult aspect of estate planning. For example, you may be uncertain of the best way to distribute assets among heirs and things may change in your life, causing you to rethink how you have set up your will. When this happens, you may even want to add or remove beneficiaries from your will.

Adding beneficiaries may be necessary for many reasons. For example, the birth of a grandchild or adopting a child may give you reason to add a beneficiary to your will. On the other hand, you may find that it is necessary to take someone off of your will. For example, you may not wish to pass down any of your assets to a family member who has become estranged or has carried out a terrible act that has devastated the family. As a result, you may feel that the time has come to remove a beneficiary.

What is an advance directive?

If you are like most people in Rhode Island, someone you know or are related to may have been diagnosed with a serious, terminal illness. One of the things that this experience often leads people to do is to talk more candidly with their family members about what type of medical care they do or do not want to experience or undergo. However, it is not necessary, nor is it recommended for people to wait until these moments to have such conversations and make such decisions.

An advance directive, also called an advance health care directive, is a valuable tool that even the healthiest person can establish. An accident may render a young person unconscious and unable to make decisions on their own behalf, for example.

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