by Anita Schnee, Attorney at Law
My uncle is in the hospital and he needs me to pay his bills. Back in 2002, he named me as his financial power of attorney, so I could write checks on his bank account when he couldn’t, like now. But the bank is rejecting the document. They say it’s too old. I don’t want to bother my uncle when he has more important things on his mind. Is there anything we can do?
Yes. An Arkansas law can be a back-stop in this situation. Come into the office and we will get you to sign a “Certification of Validity.” You will swear under oath that your uncle is still alive, you know he intends the 2002 document to still be good, you know he has never revoked it, and no other events have intervened to make the old power of attorney invalid.
Of course, you don’t need to tell your uncle this right now, but when he recovers please remind him that he, too, should come in for a thorough review of his estate plan. This experience you’re having shows how important it is to keep those documents current. The rule of thumb is that estate plans and powers of attorney should be reviewed any time there is a major life change like illness or divorce. Even if none of those things have happened (yet), it’s wise to come in for a “check-up” every five years.
