In assigning a DPOA
it is important to ensure it meets the requirements of the state where you and your loved ones live.
Whether or not you have a DPOA
in place, your loved one may apply to the Social Security Administration (SSA) for Representative Payee status.
* Along with the DPOA
and advance directives, talking to your family about your wishes ahead of time is very helpful.
In essence, a DPOA
is a legal document that gives a person of your choosing the authority to act on your behalf if you are unable to take action on your own--if, for example, you experience a devastating illness, incapacity following a major surgery, a serious accident or the onset of dementia.
In 1999, Hargrave sued the state of Vermont and other parties in federal court, alleging that Act 114 constituted discrimination under Title II of the Americans with Disabilities Act (11) because Act 114 excluded her from participating in the "services, programs, or activities of a public entity," namely, the use of her DPOA
under Vermont state law.
Trusts are creatures of equity, and like an attorney-in-fact under a DPOA
, a trustee is a fiduciary.
In order for an agent to make legally effective gifts, express authorization to that effect is required in the DPOA
. The case setting down this rule is the Fourth DCA case of Johnson v.
They did not obtain a written informed consent from the DPOA
. Staff should never depend solely on a message through an answering machine or fax to relay important information that requires a response.
may even allow the "agent" to re-title an incapacitated owner's property to a pre-existing RLT to consolidate assets and centralize the management of those assets in the most cost- and tax-efficient way.
The Second Circuit struck down a Vermont law that allowed the state to involuntarily medicate individuals who had been civilly committed or judged mentally ill while imprisoned, notwithstanding a pre-existing durable power of attorney (DPOA
) for health care to the contrary.
Samuel Malcolmson, who founded the Disabled Police Officers' Association (DPOA
), says he smoked drugs to curb the agony caused when he was shot in the spine by an IRA gunman 30 years ago.
The more expanded Durable Power of Attorney (DPOA
) is put into place the same way, but gives the grantee expanded authority to make decisions for another person in case planning and resource management.