with Atty. Sean J. O’Brien
Dautrich & O’Brien Law Offices
You are never too young to have a Power of Attorney. In the event something happens to you or you are not available to execute real estate or government documents, bank forms, or your tax returns, you will need an agent under Power of Attorney. Many of our clients believe they do not need a Power of Attorney because their spouse can “just sign” for them. Not true. If you are not mentally or physically capable of executing your joint personal income tax returns or you need a withdrawal from your IRA, your spouse is required to have a valid Power of Attorney.
Many of our clients believe they do not need a Power of Attorney because they are not incapacitated or incompetent. You do not need to be incapacitated or incompetent to require a Power of Attorney. An example of a Power of Attorney used in a non-incapacitated or non-incompetent situation could be the husband packed up the kids and the dog and started the trek to their new home. The wife stayed behind to close on their home here in Berks County. Wife activated the husband’s Power of Attorney and was able to sign the deed and closing documents for husband. He was never incapable of executing the documents, he was just unavailable.
Lucky for them, Dautrich & O’Brien had prepared all the appropriate estate planning documents and their move was a success. You are never too old or too young to have a Power of Attorney.
