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Bernard M Raiche

Bernard Raiche’s Answers

6 total

  • Is a standard POA enough to manage my son's finances for him while he is in Iraq?

    My son will be going to Iraq as a civilian contractor. He is planning to add my name to his checking acct and also give me durable POA while he is gone to be able to manage his finances and pay bills for him. Is this adequate to manage things fo...

    Bernard’s Answer

    There is not just one financial power of attorney form. Maryland does have a Statutory Form Personal Financial Power of Attorney which is quite comprehensive, but it does not cover every power that your son may wish to grant to you. Some attorney’s add powers to that form, or have the client execute a second power of attorney that deals with additional powers.

    If you will only be dealing with managing your son’s personal banking, paying his bills, and managing other routine transactions the Maryland Statutory Form Personal Financial Power of Attorney may be all you need. If your son has any unusual assets, or if he wishes to grant you additional powers additional documentation may be needed.

    If you have any doubts about whether a power of attorney grants all of the powers you will need you should consult with an attorney.

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  • Hwat do she have to do to get power of attorney of her father My daughter father is on icu.she is the oldest child

    She has 2 other sibling age 21and10 no wife and 3sisters and 3 brother

    Bernard’s Answer

    There are two types of power of attorney that may apply in this situation, one permitting the father to give his daughter the authority to act for him in regard to financial matters, and one giving his daughter the authority to make health related decisions for him. In order for the father to give his daughter either type of power of attorney he must have the capacity to do so.
    Maryland has statutory forms (standard forms which carry certain protections which are written into the law) for both a general and limited (financial) power of attorney. Many attorneys add language to those forms in order to broaden or limit the powers granted. An attorney can help determine whether the father is competent to execute a financial power of attorney, to draft the document for him, and to make sure that the document is properly executed.
    In regard to health care decisions, if the father is competent to do so he can appoint his daughter as his agent to make health care decisions for him. He can also give her specific directions regarding what decision he expects her to make in certain circumstances, such as if he has a terminal condition, is in a persistent vegetative state, or has an end-stage condition. In Maryland there is no set form which must be used. The hospital may have a form available. There is a form available on the website operated by the Maryland Attorney General’s office. An attorney can help you determine whether your father is competent to appoint a health care agent, can prepare the forms, and can help to make sure that the forms are properly executed.

    If the father is not competent to appoint a health care agent Maryland has surrogate decision making laws which may allow the daughter to make health care decisions on behalf of her father. The hospital may be able to advise her about these laws, or she may wish to consult an attorney.

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  • How do I become guardian of my brother who is 49 yrs old. He has a mental illness

    I have a agency coming in to see him and they are not leaving any information as to what they are doing. They have since put him on high blood pressure medicine and have been taking him to a doctor that he himself cannot tell me who it is or what...

    Bernard’s Answer

    In order to become your brother's guardian you will have to file a petition for the appointment of a guardian. You will have to prove by clear and convincing evidence that your brother requires a guardian. The fact that he has a mental illness is not enough to prove that he needs a guardian. Among other things you will have to show that your brother lacks sufficient understanding or capacity to make or communicate responsible decisions regarding his person, and that no less restrictive means is available to help him meet his needs.
    If your main goal is to be able to communicate and direct your brother’s healthcare providers, and if your brother has the capacity to execute the instrument, a less restrictive solution may be to have your brother name you as his health care agent (health care power of attorney). That would allow you to act in his place in regard to healthcare decisions.

    I suggest that you and your brother consult with an attorney who has experience with estate planning and special needs law. There may be other issues related to your brother’s long term care and welfare that need to be considered and planned for.

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  • Our home is on the market. Husband has to leave on a business trip in a few days. If home sells, how can I sign for him?

    Does my husband get a form from an attorney or from a realtor allowing me to sign in his absence. We're selling due to a separation. Separation agreement not in place yet. He trusts me. Leaves in 3 days. Gone for 15.

    Bernard’s Answer

    Your husband can execute a limited power of attorney which authorizes you to act for him in regard this specific transaction. If properly drafted the limited power of attorney should only only authorize you to act for your husband regarding selling your home, and should not grant you any other authority.

    It is not uncommon for one spouse to be away when documents related to the sale of property must be executed. Your realtor may have a form which your husband can use, or your husband's attorney can draft one for him.

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  • Do I need a lawyer to get social security for disability?

    My son is bi-polar and manic depressive. He cannot work due to these issues, it is very severe. Do I need an attorney to represent him in order to get social security? I currently support him but I am worried that if something ever happens to me, ...

    Bernard’s Answer

    There are several stages in the process of applying for Social Security Disability (SSDI) or Supplemental Security Income (SSI). The first stage is the initial application. This can often be done without the assistance of an attorney. If you are fortunate enough to be awarded benefits at this stage you will have avoided paying attorney fees.
    If you are denied benefits after your initial application you will have the opportunity to request Reconsideration of your application. At the Reconsideration stage you will have the opportunity to submit additional evidence, and you may elect to meet with a Social Security Administration Representative. It can be quite helpful to have the assistance of an attorney at this stage. An attorney may be able to help you identify what evidence is needed to strengthen your case, may be able to obtain statements from doctors and others which will help to document your eligibility for benefits, and may be able to provide other services which will increase the likelihood that you will be found eligible for benefits.
    If you are denied benefits at the Reconsideration then you can request a Hearing with an Administrative Law Judge. At that stage (and the stages that follow that) the skills brought to your case by an attorney can play a particularly significant role in helping you to qualify for benefits.

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  • No will and probate

    I am very ill; death is imminent. At this time I may be forced to live in my car due to poverty. I have one daughter, and have packed several boxes of sentimental items I would like her to have upon my death. I have no will---no money or time to c...

    Bernard’s Answer

    In Maryland, if you die without a will, and if you have no surviving spouse, then your assets will normally be inherited by your children, subject to the claims of your creditors. If your daughter is your only child, and you have no creditors, then the assets should pass to her. That process may not be quick, and it may be some time before the boxes you have packed for her come into her possession. If you only own a few things of value, and if they are not valuable enough to trigger a gift tax, then you may wish to give them to your daughter now.

    If your relationship with your daughter is good I suggest that you contact her and let her know your situation. Even if she is not able to help, contacting her will give both of you a chance to get some closure on your relationship

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