Quick Links: Skip to main page content Skip Navigation

This website has been condensed and is no longer being updated as of November 28, 2016. Some resources previously available on this website may no longer be available. Content may link to web pages that have moved or no longer exist, or may refer to other documents that are no longer available. An upcoming 2017 website for the new National Center of Law and Elder Rights (NCLER) will provide an enhanced experience in access to national legal resource support in the priority legal issue areas currently featured on this site. The new NCLER Website will include access to:

  • Legal Basics Training and Advanced Training program
  • Technical Assistance in legal service delivery systems
  • Web requests for Case Consultations
  • Alerts, news and resources to help you stay informed

NCLER experts are available now for case consultations in substantive legal issues and technical assistance on the enhancement of legal service delivery systems. Please Contact ncler@justiceinaging.org

Powers of Attorney

Ethics Opinion a Lawyer Help a Client with Diminished Capacity revoke a Power of Attorney
Source: Bloomberg BNA
Content Type: Web posting
The North Dakota Supreme Court ruled that under rule 1.14 a lawyer did not have to consult with the agent under a power of attorney when drafting a revocation of the power or attorney

A guidebook for fiduciaries under a Power of Attorney
Source:  CFPB
Content Type:  PDF Consumer handbook on the duties and responsibilities of the agent under a power of attorney.

Garrison v. Superior Court, 33 Cal.Rptr.3d 350
Source: California, Second District, Court of Appeals
Content Type: Case Law - web page
Requiring agreement to arbitration clauses in resident care facilities is a growing concern. This case discusses how an executed power of attorney authorizes the representative to enter into binding arbitration agreements on behalf of the elder being admitted to a residential care facility.

Estate of Erickson v. Commissioner of Internal Revenue, 2007 TC Memo 107
Source:  United States Tax Court
Content Type:  Case Law - webpage
Case discusses whether assets transferred by a power of attorney to a limited partnership are included in the estate of decedent. Property is included in a decedent's gross estate if the decedent retained, by express or implied agreement, possession, enjoyment, or the right to income. The court's ultimate question was whether the estate can prove that the partnership was formed for a legitimate and significant nontax purpose.

Estate of Gaynor v. Commissioner of Internal Revenue, 201 TC Memo 206
Source:  United States Tax Court
Content Type:  Case Law - webpage
This cases addresses whether attorneys-in-fact are authorized to make gifts of their principal's property, without express language in the power of attorney authorizing gifts to be made. In this case decedent's attorneys-in-fact, without her knowledge made for no consideration transfers of decedent's property prior to her death. The value of the property transferred by a decedent prior to death without consideration and with respect to which a decedent retains a power to revoke the transfer is includable in the decedent's gross estate for Federal estate tax purposes. The administrator of the decedent's estate failed to include the transferred property on the tax filing which resulted in federal estate tax being owed by the estate of decedent.

State by State chart of the signing requirements for a durable power of attorney
Source: Brad Geller and Christine Jensen
Content Type: PDF
Chart outlining the signing or execution requirements for a durable power of attorney in various states.

Getting Your Affairs in Order
Source: National Institute on Aging
Website contains user friendly consumer guide on legal, financial and personal planning for illness or incapacity.

Financial Powers of Attorney
Source: American Association of Retired Persons Public Policy Institute and American Bar Association Commission on Law and Aging.
Content Type: Article
This consumer focused article explains financial powers of attorney and links to other related AARP articles.

Power of Attorney Abuse: What States Can Do About It
Source: American Association of Retired Persons Public Policy Institute and American Bar Association Commission on Law and Aging.
Content Type: Research Report
This PPI research report explores the problem of power of attorney abuse and how state legislatures can protect vulnerable adults.

Power of Attorney Laws: Citations by State, 2007
Source: American Bar Association Commission on Law and Aging and American Association of Retired Persons
Content Type: State Laws
Listing of statutes related to power of attorney in all 50 states.