July 1st saw a quiet, but sweeping change in Massachusetts law.  It was the day the Uniform Probate Code began to take effect.  I say “began” because July 1st marked the first phase of implementation.  Phase two takes effect in 2011.

The Durable Power of Attorney statute used by so many for so long to make it possible for loved ones or friends to handle financial decisions in the event of disability was repealed.  While the biggest impact this year is on guardianship and conservatorship proceedings, this one tiny piece of the puzzle is having really big implications.

Usually when laws change they are amended.  This has the effect of “grandfathering” prior written documents that reference the specific statute.  For example, if you say, “I incorporate the powers listed in Chapter 201B” you’re covered no matter how many times that chapter is amended.  It’s still Chapter 201B.  In this instance though, rather than amend the statute it was repealed and replaced with something with a completely different reference.  Essentially, Chapter 201B no longer exists.  So, if your Durable Power of Attorney references it, well, put bluntly, it’s probably now useless.

The new Durable Power of Attorney statute is located at Chapter 190B, Section 5-501 through 5-507.  Despite this change possibly invalidating a lot of existing Durable Powers of Attorney documents, it does do some really good things.  The most important is that it prohibits people and businesses from refusing to honor them unless they have a darn good reason. It has always been good customer service for banks and financial institutions to honor Durable Powers of Attorney.  That doesn’t mean that they always did though.  Some institutions that will remain nameless had internal policies of not honoring them—EVER!

It’s that time again – time to start thinking about kids heading back to school. In some cases, the children are heading “off” to school for the first time. Most parents don’t realize that when their children turn age 18, they are now legal adults. They still may not clean their rooms, or quite know how to get the dishes into the dishwasher, but guess what. . . they are still legally protected by privacy laws.

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As I mentioned in an earlier post, I had surgery two and half weeks ago - back surgery to be exact.  While the recovery is going well (thanks to those who have emailed and sent their wishes and prayers) it still takes patience.  I am the first to admit that I have no patience when it comes to being injured.  As I’m sure many of you can relate, it’s frustrating when the body doesn’t do what it’s supposed to.  I constantly remind myself that it’s about progress, not perfection.

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Attention loving and caring parents: If you have an adult child who does not have a rock solid estate plan like you do, then I have an answer to the question “What can we get the kids for the holidays?”  Give them the most unique and important gift you can - their own estate plan! Now before you dismiss this as being downright crazy, consider this…

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I recently had back surgery that had me in the MetroWest Medical Center - Framingham Union Hospital for several nights.  My last day and night I had a roommate.  She seemed a pleasant enough woman.  She had fallen and hit her head while living in her assisted living apartment.  Sounds like it went undetected until she was suffering nausea, vomiting and being unbalanced.

When she arrived in my room she was accompanied by two daughters.  Both stayed for a few minutes to make sure she was settled, showing her how to operate the television and her nurse’s call button. Then they were gone and the snoring ensued.

It was clear when nurses came in to talk with her that her competency was questionable at best.  To her credit, she knew where she was but not why.  She remembered living in the assisted living community, just not when she was last there.

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