Do I Need Probate If I Am Power Of Attorney?

Does A Power Of Attorney Still Need a Probate?

Losing a loved one can be devastating, but it also brings with it a responsibility to ensure the wishes of the deceased are followed related to their end-of-life choices. Being the power of attorney of your loved one's estate makes you responsible for making decisions about their assets.

However, does a power of attorney require probate once the loved one passes away? If you were a power of attorney for someone's estate during their lifetime, it doesn't affect whether a probate is needed.

Understanding the role of a power of attorney and the probate process will help you understand whether you need a probate or not if you are a power of attorney.

Understanding the Power of Attorney and the Probate Process

Many people assume being a power of attorney means there is no need for probate. However, this is not the case. Being a power of attorney and the probate process are different things.

Being a power of attorney gives you the right to make decisions on behalf of your loved one during their life. On the other hand, probate is a process that recognizes the will of your loved one and ensures the possessions and property are distributed to the rightful heirs, and all debts and taxes of the deceased are paid.

Power of Attorney’s Responsibility Ceases with Someone’s Death

Your responsibility as a power of attorney ends when your loved one dies, meaning even if you were a power of attorney, the assets of the deceased belong to the deceased’s estate. The administrator or executor of the will would now have the responsibility of administrating the will.

In most cases, a power of attorney is assigned to be the executor of the will. If this is the case, you will need to have a detailed knowledge of the estates to make the probate process easier. If not, then the executor of the will would be informed immediately.

Grant of Probate

The grant of probate is an integral public document that shows the net estate of the deceased at the time of their passing. It also acts as a confirmation of whether a will was left by the deceased. When probate isn't obtained, there won't be any public record. Moreover, probate is needed due to the legal requirement of inheritance tax and the sale or transfer of the deceased's property.

Is Probate Needed?

In most cases, you will require probate even if you are a power of attorney and later become the administrator or executor of the will. After your loved one passes away, you will require legal authority to manage their estate based on their instructions and desires.

You might have had the authority to make relevant decisions during their life, but after their passing, the decision of whether or not a probate is needed would depend on the assets owned by the deceased and whether they were under their sole name.

It is best to seek the consultation of an experienced probate lawyer to help determine whether a probate is needed. After evaluating the situation, your lawyer will advise you on the next steps.

Consult Experienced Probate Lawyers in Denver, CO

The probate process in Denver, CO, can be complicated, and consulting a professional lawyer is important to ensure all legal requirements are met. If you have any concerns about the probate process, our skilled probate lawyers at Evans Case are ready to help. Get in touch to book a no-obligation, free initial consultation with us today.

The Three Categories of Elder Abuse

Get in touch with Evans Case for attorneys trained to handle elder abuse

Elder abuse is when older adults – usually 70 or above – are abused or mistreated by a family member or someone they know and trust. Elder abuse is a form of family violence, and there are various kinds of elder abuse, the most common ones being physical, emotional, and financial abuse.

Physical Elder Abuse

Physical elder abuse is when someone intentionally causes an older adult physical harm. This kind of abuse also includes abuse stemming from neglect and sexual abuse. Some examples of physical abuse include:

Hitting, kicking, or punching an elderly person
Using painful restraints on an elderly person or locking them up in a room
Neglecting an older person and failing to provide them with food, water, proper clothing, medication, etc.
Forcing an elderly person to engage in sexual acts against their will or without their consent
Not supervising an older person as a result of which they come into harm

Emotional Elder Abuse

Emotional abuse is when someone causes an older person emotional or psychological pain or distress. One of the most common forms of emotional abuse that older adults suffer is when caretakers isolate them from family and loved ones. This is also known as social abuse, whereby an elderly person is forced to cut social ties or is prevented from meeting other people.

Other forms of emotional abuse include humiliating an elderly person, calling them names, using abusive and derogatory language with them, or bullying or intimidating them.

Financial Elder Abuse

Financial abuse is usually carried about by an older person's power of attorney, who takes advantage of them and uses them for some kind of financial gain. Some examples of financial elder abuse include:

Misusing the power of attorney
Pressuring an older person to give you their money or forcing them to pay for things they don’t want to
Stealing money or valuable possessions from elderly people
Forcing an elderly person to sign legal documents that dictate the use of their finances
Making changes to financial and legal documents without the elderly person’s knowledge or consent

Get in Touch with Evans Case for Attorneys Trained to Handle Elder Abuse

If you suspect elder abuse or neglect towards someone you know or care about, you should consult with an attorney immediately by getting in touch with Evans Case.

Evans Case is a full-service Denver estate planning law firm with over 110 years of experience. To get you started, we can offer you a no-cost, no-obligation initial consultation with our experienced elder abuse-trained attorneys.

Call us at (303) 722 8000 or contact us on our website for a free 30-minute consultation.

Why Do I Need Medical & Financial Powers of Attorney?

Powers of attorney are key tools for incapacity and estate planning, granting another individual the legal authority to make certain important decisions for you when you are not able to make them for yourself. While powers of attorney can focus on medical or financial decisions, they can also be as general, specific, limited, or expansive as you want.

No matter what type of powers of attorney best fit your circumstances, these devices can provide priceless peace of mind to you and your loved ones. Here’s why and how.

How Medical Powers of Attorney Work in Colorado

Also referred to as “advanced care directives” or “powers of attorney for health care,” medical powers of attorney appoint an agent (or an “attorney-in-fact”) to make decisions regarding health care. This can include decisions regarding medical interventions and treatments, nursing home care, and resuscitation orders.

Although medical powers of attorney can take effect whenever you see fit, many choose to set these devices in action if or when certain conditions—like terminal illness, coma, or dementia—are present. Depending on the power of attorney documents, the agent may also be granted the authority to handle related needs, like (but not limited to):

Accessing medical records in order to make more informed decisions
Discussing medical issues with the treating physicians
Completing admissions forms and insurance documents

How Financial Powers of Attorney Work in Colorado

Also known as a “general power of attorney,” a financial power of attorney appoints an agent to manage your financial affairs and decisions when you are unable to do so. These decisions can pertain to issues like (but not limited to):

Business interests
Real estate holdings
Taxes and other financial liabilities
Personal assets

Consequently, agents for financial powers of attorney typically have the authority to do things like (but not limited to):

Conduct financial transactions
Pay the bills, taxes, and medical expenses
Manage the principal’s investments and finances
Make necessary purchases
Sell off assets
Access and manage the principal’s financial accounts
Collect income and benefits, including military and retirement benefits
Operate the principal’s business(es)

What Happens If I Don’t Have Powers of Attorney?

Without powers of attorney in place, important decisions about your health care and/or finances can be left up to Colorado law and the courts. That can mean that your wishes do not get carried out and that some of the most critical choices about your life end up in the hands of strangers. It can also mean long court battles and more stress for your loved ones.

The Colorado Bar Association has some sample power of attorney forms here, showing how these devices typically look on paper and some of the specific issues to consider when it’s time to establish (or update) financial and/or medical powers of attorney. For experienced help creating or serving as a power of attorney in Colorado, contact a 5-star Denver estate lawyer at Evans Case, LLP.

Get Exceptional Representation in Colorado Probate & Estate Administration

Whether it’s time to update your estate plan or you’re just considering powers of attorney for the first time, you can turn to a Denver estate planning lawyer at Evans Case, LLP for client-focused counsel and exceptional service. With more than a century of combined experience, our team is highly skilled at guiding clients through every phase of estate planning and administration.

Call (303) 757-8300 or contact us online for a free 30-minute consultation and important answers about Colorado powers of attorney.

As a full-service Denver estate planning and probate law firm, Evans Case is home to trusted attorneys who have deep knowledge of the law and the most effective strategies for helping our clients achieve their objectives. Let us tell you more about how we can help you with powers of attorney and estate planning in a no-cost, no-obligation consultation.

Disability Planning

Not Worried About Disability? Think Again…

No one expects to be the victim of a serious accident, injury, or illness. What if it does happen? Are you prepared? Proper planning will ensure that the people whom you trust will manage your affairs in the event of disability, accident, or injury – not the court system. Having a comprehensive estate plan in place isn’t just about dying, it is about planning for life. This includes disability and your inability to make decisions for yourself. One size does not fit all – your plan is as unique as you are. To prepare for an effective estate planning, ask yourself ...

What happens if you become disabled?
Who will make sure that your finances are in order and bills are paid?
Who will make health care decisions on your behalf if you are no longer able?
Does your family know your wishes if a life threatening or serious medical condition were to arise?
Is your property ownership titled correctly if you are no longer able to handle your affairs?
How is your retirement plan affected if you become disabled?

Guidance from knowledgeable and experienced attorneys help clients; discover their options, calm their fears, reassure their loved ones, preserve what matters most, and, most importantly, achieve peace of mind. For disability planning, ask an Evans Case attorney about: Financial Power of Attorney:

Financial Power of Attorney allows you to nominate a trusted person to make financial decisions on your behalf. This directive is most helpful in the event of your disability, so that trusted someone has the ability to act on your behalf in order to access your bank account, pay your bills, and make sure you are taken care of financially.

Medical Power of Attorney:

Medical Power of Attorney is specifically designed to designate someone you trust to make everyday healthcare decisions for you if you are unable to do so. When choosing a health care agent, select someone who will keep your best interests and wishes in mind.

Living Will:

Also known as an Advance Medical Directive, a Living Will is a declaration setting forth your wishes regarding how you want to be treated with respect to life prolonging medical procedures. A Living Will applies in situations where, you are unable to make your own decisions, you have either a terminal or end stage condition, or are in a persistent vegetative state and your doctors have determined there is no reasonable medical probability of your recovery. This document expresses your wishes and provides guidance to your loved ones.

Title and Ownership:

It is important to make sure that your assets are titled correctly, and you have properly designated beneficiaries.
Discuss your retirement plans and how they are set up to ensure that they coincide with your overall goals and needs.

Do you have the right estate plan for your situation? Everyone needs the proper estate plan in place, to prepare for the unexpected. To schedule a free consultation to discuss your needs, call 303-757-8300 today!