When Can Someone be Declared Legally Incompetent?

If a loved one is experiencing memory loss or suddenly making poor decisions and they do not have a power of attorney in place, you may need the court to appoint a guardian, which requires a declaration of incompetence. Determining whether someone is incompetent to make their own decisions is a complicated process. If a loved one is unable to

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Is a Power of Attorney Right for a Person with an Intellectual or Developmental Disability?

Not every person with an intellectual or developmental disability is unable to make health care and/or financial decisions. The impact and spectrum of disabilities varies widely from person to person and diagnosis to diagnosis. One person with Down Syndrome may be capable of decision-making while another may not, just as a person with autism may be capable of decision-making while

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October 13, 2017

What Are the “Powers” in Powers of Attorney?

What are the “powers” in Powers of Attorney? It is very common for clients to say to us, “My mom/dad/friend/sister/etc. just made me their Power of Attorney. What does that mean?” Here are some general rules to keep in mind if you find yourself in that situation: Read the forms In New Mexico, there are two types of Power of

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Powers of Attorney – What They Are and Why You Need Them

Do you have financial and healthcare powers of attorney? Most people equate estate planning only with dying, but there are other important components of an estate plan that are relevant while you are alive, one of those is powers of attorney (POAs). In New Mexico, there are financial and health care powers of attorney. There are many benefits to having

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Preparing for Cognitive Decline – Powers of Attorney and Moving to a Protected Paradise

Dementia is a frightening disease, the last thing you want to feel is scared, isolated, and restricted. Ever wonder if there is a better, more creative way to provide care for a loved one diagnosed with dementia? It seems that the tiny village of Hogewey, located outside of Amsterdam in the Netherlands, has figured out a way to provide a

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Organ Donation – Best to Include in Advanced Health Care Directive

Organ donation can be a difficult subject to discuss with family members, and can be an even more difficult subject when family members are faced with the decision after a loved one’s death. However, donating an organ or even a whole body for scientific study, medical education. or to save the life of another can be an important part of

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December 21, 2015

Powers of Attorney

The holidays are a time when sons and daughters return home to visit their parents. Often, they are surprised to see the decline in their parents’ health and independence. When this happens, the sons and daughters need to know what to do. Most important is to make sure that elderly family members are safe. From a legal standpoint, it is

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What if you are appointed as Personal Representative, Trustee or Agent?

First, we have to understand the concept of a “hot document.” A hot document is one that confers authority. A Will is never a hot document until the Testator dies. A Power of Attorney usually confers authority at the time that the document is signed. Sometimes, a Power of Attorney is drafted as a “springing power” which means that it

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February 24, 2011

Is Being an Agent a Mission Impossible?

An agent is a person chosen by another person to act on their behalf. The person who chooses an agent is often called the “principal.” The agent represents the legal rights and responsibilities of the principal, but the principal does not give up any of those rights when appointing an agent. The most common form of agency that our law

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