Contact Us For A Consultation
302-644-7181 Lewes
302-697-4900 Camden

Do not wait to get estate planning done

After a Delaware resident's health begins to fail is not the time to think about wills, powers of attorneys and trusts. Estate planning decisions should be made as far in advance of health problems as possible. Otherwise, there is a danger that any of the decisions made could be out of convenience rather than careful thought and consideration to how those decisions will affect the life of the individual and surviving family members.

For instance, even though an 82-year-old man had a will, he did not have a power of attorney in place in the event that he became unable to take care of his finances himself. He broke his hip, and when his mental and physical health began to decline, the woman who was taking care of him brought in one of his nephews to help. Thereafter, his nephew was appointed as his financial agent in a power of attorney drafted by the nephew's attorney.

The nephew took the opportunity to use his uncle's money for his personal expenses. He even transferred the home into his name. When his uncle died, the New York probate court required the nephew to return the home and the money to the estate.

If the elderly man's estate planning had been complete and done before his health began to deteriorate, he might not have chosen this particular nephew to be his agent. Delaware residents should use this man's story as a cautionary tale regarding putting off estate planning until it is needed. Choosing the people who are tasked with ensuring that an individual's wishes are carried out takes time. The choice should not be made because there is an urgent need and a lack of options.

Source: poughkeepsiejournal.com, "Make sure power of attorney is done right", Bernard A. Krooks, Sept. 30, 2016

No Comments

Leave a comment
Comment Information

What Our Clients Say About Us…

My wife and I would like to take this opportunity to highly recommend the legal practice of Bonnie Benson and her very professional staff… Bonnie and her staff are organized, engaged in the client's case and they communicate effectively.

Read More
Latest Blogs
Get The Help Now

Need Answers Now? Contact Us Immediately

Bold labels are required.

Contact Information

The use of the Internet or this form for communication with the firm or any individual member of the firm does not establish an attorney-client relationship. Confidential or time-sensitive information should not be sent through this form.


Privacy Policy

your success. our commitment. elder counsel excellence in elder law  and special needs state bar delaware association

Camden Office
306 East Camden Wyoming Avenue
Camden, DE 19934

Phone: 302-697-4900
Fax: 302-697-4901
Camden Law Office Map

Lewes Office
33718 B Wescoats Road
Lewes, DE 19958

Phone: 302-644-7181
Fax: 302-644-7182
Lewes Law Office Map

We Accept visa mastercard discover network
Review Us