Family Elder Law is pleased to offer the legal column entitled “From the Attorney’s Desk,” authored by Jason A. Penrod, B.C.S., CELA. Jason is board certified as an Elder Law Expert by the Florida Bar and the National Elder Law Foundation. He is also the founder of Family Elder Law with offices in Lake Wales, Lakeland, and Sebring, Florida. The column addresses legal issues of particular interest to our readers. In addition, the columnist answers individual questions from the readership on a wide range of topics. To submit your questions or suggestions for topics, please email them to info@familyelderlaw.com. “FROM THE ATTORNEY’S DESK” How Good is Your Power of Attorney & Do You Know? By Jason A. Penrod, B.C.S., CELA I firmly believe that it is best to admit when one doesn’t know if a legal document is effective rather than to just assume its effectiveness. This article focuses on the effectiveness of one document in particular—a Durable Power of Attorney. Some people believe that all power of attorney documents are the same or have a “one size fits all” mentality. This misconception that all powers of attorney are uniform can result in a costly experience when it comes time to exercise the power of that document. In some cases for example, and especially when the principal that gave the power is incapacitated, it can lead to a loved one being unable to access a bank account. It can also lead to the need for a guardianship which can cost thousands of dollars in legal fees. Fortunately, I have clients that have come to me ahead of time to have their powers of attorney evaluated. Most clients want to know that their power of attorney document is sufficient to meet all their potential needs were they unable to act for themselves. Since needs change over our lifetime, it makes sense that your power of attorney document may need to be revised at some point. Some circumstances that may provoke consideration on whether your power of attorney document should be modified are: 1) moving from another state to Florida or being a “snowbird”; 2) having health issues; 3) losing a loved one that was your named or backup power of attorney; 4) family dynamics evolving; and 5) changes in the law. Please be aware that the Florida statutes governing power of attorneys changed effective October 1, 2011. Some of the changes dealt with the powers themselves such as mandating that the grantor of the powers initial certain provisions that grant “extraordinary” or “super” powers. These powers can be particularly important if one needs to protect assets to pay for long-term care. For instance, if the principal has Dementia or Alzheimer’s and resides in a nursing home, the Agent may need certain powers to be able to access and protect funds to afford the nursing home care. It may be a good idea to review your document and see if you have you executed a document that has your initials next to certain provisions. The more that time passes since this law change, the more unfamiliar people will be with the type and look of those documents that were executed prior to the law change. When people ask me whether they should have an attorney look at their power of attorney document to see if it meets their needs, I often say: “If you thought enough to ask, then it is probably worth taking the time to have your document reviewed.” If you desire to discuss the issues explored in this article or would like to execute a durable power of attorney tailored to your needs, please contact a knowledgeable estate planning or elder law attorney to assist you.

Webber Football Team Nationally Ranked (By: Jason Penrod)

By: Jason Penrod

Got to like the preseason poll that has our Webber Warriors ranked 21st in the NAIA. Looks like Coach Kelly Scott is building a solid program.

Looking forward to a great year. Go Warriors!

By: Jason Penrod

Spinning With Trudy At the LW YMCA (By: Jason A. Penrod)

By: Jason A. Penrod

I know I have touched on this before, but Trudy at the YMCA is awesome. On Friday, a couple of my co-workers attended her Spin class.

There's no better way to get your weekend started. She is upbeat, motivating, and caring. You look forward to seeing her and she genuinely looks forward to seeing you as well.

Thanks for being you Trudy. See you on the bikes!

By: Jason A. Penrod

Webber Football Making Strides (By: Jason A. Penrod)

By: Jason A. Penrod

Webber beat highly touted Georgetown yesterday 27-20. Looks like this year's team could be the real deal.

The Warriors actually had more control of the game than the final score indicated as they were up 27-6 towards the end of the 3rd quarter.

Next week, Webber will play Lamar University in Texas. Let's see if the Warriors can keep the momentum going on the road.

Go Webber!

By: Jason A. Penrod

Another Football Weekend In Lake Wales (By: Jason A. Penrod)

By: Jason A. Penrod

Both hometown football teams will be playing in Lake Wales this weekend. You can cheer on the Highlanders tonight and the Webber Warriors tomorrow at 1:30.

Come out and support both of our 1-0 teams & have a blessed Labor Day Weekend.

By: Jason A. Penrod

Trudy At The YMCA Is a Fred (By: Jason A. Penrod)

By: Jason A. Penrod

Have you ever read the motivational book the Fred Factor by Mark Sanborn?

Fred is a postman that does his job to the fullest and then some. He may very well be the best postman ever. You see, he doesn't just do a great job, he goes above and beyond. He packages up your mail if you are on vacation and doesn't place it an obvious spot for a potential burglar to spot. He'll wrap up your mail in baggies if it's raining. He'll even redirect other packages to the proper home when they are left at the wrong address by other people like FedEx. He is a Postman Extraordinaire.

So this motivational book uses Fred as an example on how to be great at what you do and has coined the phrase "He/She is a Fred" when you find that special someone that really stands out from the crowd.

Trudy, an instructor at the Lake Wales YMCA, is one of those extraordinary people that fit the criteria mentioned in the book. She gives maximum effort during the classes she teaches and tries to encourage and involve all participants. She does so with a great sense of humor and in a way that makes you almost forget how hard you are exercising...well not quite...but she is an excellent motivator. At the end of the class, she comes and talks to everybody individually and asks how their workout was.

What's maybe even more special about Trudy...is how much she genuinely cares about her students and the people that go to the YMCA. When Trudy asks how you are doing, she waits and listens to your response. That doesn't always happen in this day in age.

And she goes above and beyond. Tonight, she attended a Pump It Up class on her own time just because she had heard how difficult and how sore one of our friends had gotten from going last time. Trudy told her that she just needed to learn how to use some better form and that she would come and meet us at the class to help support her. She did just that and came merely to help us out.

Qute simply, Trudy is special. Trudy is a Fred. Trudy, thanks for being a Fred and even more so thanks for being you.

By: Jason A. Penrod

Fantasy Football Time (By: Jason A. Penrod)

By: Jason A. Penrod

My Fantasy Football Draft is coming up next Tuesday. Any experts out there have some good tips? Any phenomenal draft kits that I need. I have the 5th pick.

I need to slow life down a bit and do some research. I haven't won in 4 years so it's time to ring the victory bell again.

By: Jason A. Penrod