1. Powers of Attorney and Guardianships
Webinar presented by UAW FCA-Ford-General Motors Legal Services Plan
Panelists: Carolyn Bernstein and Dave Savard
September 27, 2018

2. Powers of Attorney Grantor must be competent
The Power of Attorney must comply with state laws.
The Power of Attorney must be signed in accordance with state laws

3. Types of Powers of Attorneys
Durable
Health Care
Springing
Real Estate
Child Care

4. When is a Power of Attorney needed?
Part of a complete Estate Plan
In advance of medical treatment
Temporary Powers of Attorney:
When selling Real Estate
Child Care

5. Who should be given Power of Attorney?
Trustworthy and reliable
Understands grantor’s wishes
Able to follow grantor’s wishes
Must be willing to act as Power of Attorney – discuss with person first
Does not have to be a relative
Can be changed

6. What if I am named as the Power of Attorney for someone else?
Be prepared to make the decisions authorized by the Power of Attorney
You must always act for the benefit of the grantor
Be prepared to follow the wishes of the grantor
You must comply with the terms of the Power of Attorney
Always sign documents for the grantor as “John Doe as attorney in fact for Mary Doe”
NEVER SIGN JUST YOUR NAME.

7. Other Considerations You can revoke and create a new Power of Attorney
Naming 2 people to serve together is disfavored
Who holds onto the Power of Attorney document?
When does the Power of Attorney expire?
Grantor dies
Grantor revokes the Power of Attorney
If a Power of Attorney is very old, some institutions may not honor it
Plan coverage-
Prepared at no cost to you by the UAW Legal Services Plan
Call

8. GUARDIANSHIPS When is a Guardianship needed?
No Power of Attorney in place; or
Person named in the Power of Attorney is no longer able to serve; and
Person not competent to sign a Power of Attorney
A minor child is placed with you

9. Guardianship Issues A formal Court procedure Competency questions
Responsibilities of the Petitioner
Limitation of Authority
Accounting
Reporting Obligations

10. Considerations before obtaining guardianship
Am I the right person to make these decisions?
Can I handle the record keeping and reporting obligations?
Am I able to see the person on a regular basis?
Do I want to be the person handling these decisions?
Do I understand my obligations?
Are there any other ways to handle the situation – Powers of Attorney for example?

11. Plan Coverage-Guardianship
Plan can provide a low-cost referral to an experienced Cooperating Attorney
For assistance, contact the UAW Legal Services Plan at: Monday through Friday 9am-5pm (ET)