Litigating Uniform Power of Attorney (UPOA) Claims: National Survey
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Powers of attorney are powerful and useful estate planning tools when used properly, but they can also be a vehicle through which abuse is perpetrated. The Uniform Power of Attorney Act provides a set of default rules governing financial powers of attorney and contains provisions and safeguards to detect and address financial abuse. While a majority of states in the United States have adopted some form of the Uniform Power of Attorney Act, since states are free to adopt as much or as little, or even put their own spin on the Act, there is some uniformity among the states but there are also some instances where there are dramatic differences in application of the Act. As a result, attorneys need to know how to navigate the Uniform Power of Attorney Act and what to do when problems arise that require turning to the courts for help.
This program will discuss the Uniform Power of Attorney Act and its application by the states who have adopted it. This program will also discuss what to do if problems arise that require turning to the Courts for help and how you can use the Uniform Power of Attorney Act to your advantage. This program will introduce and help attorneys evaluate available claims under the Uniform Power of Attorney Act, including those related to the validity of powers of attorney, obtaining information, and disclosure of the agent's conduct and claims that can be brought against an agent when they fall short of their duties.
This program will benefit anyone who practices in the growing field of estate planning and especially, those practitioners who litigate claims involving powers of attorney.
Discuss the basic provisions of the Uniform Power of Attorney Act on a national scale
Analyze how the Uniform Power of Attorney Act is applied on a national scale, with an emphasis on highlighting the different applications among the states
Identify available claims related to powers of attorney under the Uniform Power of Attorney Act
Assess potential pitfalls when litigating Uniform Power of Attorney Act claims and how to avoid them
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