When you plan your estate on your own without any legal counsel, mistakes can be made that lead to problems later on. This is demonstrated by a court battle that was waged in Pennsylvania last year.
Power of Attorney Debacle
The person at the center of this imbroglio is a woman named Mercedes Goosley. She downloaded a durable power of attorney form on the internet because she wanted to give her son, Joseph, the right to act on her behalf. Goosley was in her 80s at the time.
This is in 2013, and in 2015, she moved in with Joseph. By 2017, she required a level of care that could no longer be provided in Joseph’s home, and she entered a nursing facility.
At that time, Joseph decided to put her house on the market since she would not be returning to it. This doesn’t sound like an unusual plan, but there was a complication because Joseph’s brother William was living in the home.
A durable power of attorney goes into effect as soon as it is executed, and it will remain in effect if the grantor becomes incapacitated. This is the type of power of attorney that Mercedes thought she was signing, but she made a mistake.
There is also a springing durable power of attorney that will only go into effect if the grantor is deemed incapacitated by a court. This is the device that she actually signed, and William contended that Joseph did not have the right to sell the house because he did not have the power.
Ultimately, the court found that Mercedes wanted Joseph to have the power immediately, and she made an honest mistake. They ruled in Joseph’s favor.
This family feud that spilled over into the courts could have been avoided if Mercedes would have worked with an attorney to develop a proper incapacity plan.
Other Considerations
Interestingly enough, when Consumer Reports conducted a study to determine the efficacy of do-it-yourself estate planning, they engaged three legal professors to weigh in. They examined last wills that were created using boilerplate documents that were purchased online.
The professors found that unintended negative consequences can come about if you use do-it-yourself estate planning tools as a layperson. This contact form on this site you can use if you would prefer to send us a message.
Mr. Nirenstein is licensed to practice before the courts of the State of Connecticut and the United States District Court. He is a member of the Connecticut and Hartford County Bar Associations, and the Estate and Probate, Elder Law, Business Law and Real Estate Sections of the Connecticut Bar Association.
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