Beth LeBlanc and Jonathan Oosting The Detroit News Published 6:32 PM EST Nov 29, 2018 Lansing — With Democrats set to take over top statewide offices next year, Michigan Republicans are considering proposals that would allow the Legislature to intervene in legal battles and shift oversight of the state’s campaign finance law to a new commission. The lame-duck power plays would limit the power of Gov.-elect Gretchen Whitmer, Attorney General Dana Nessel and Secretary of State Jocelyn Benson. Democrats have not held all three posts since 1990. A House bill introduced Thursday by state Rep. Rob VerHeulen, R-Walker, and quickly praised by Republican leaders seeks to guarantee the GOP-led Legislature could intervene in legal battles involving state laws that Democrats may be hesitant to defend. A separate proposal from Sen. Dave Robertson, R-Grand Blanc, would shift oversight of the Michigan Campaign Finance Act from the Secretary of State’s Office to a newly … [Read more...] about GOP moves to strip powers of gov, attorney general, secretary of state
Durable power of attorney form florida
By Paul Premack Published 1:10 pm CDT, Tuesday, October 30, 2018 Dear Mr. Premack: My father signed a durable power of attorney about 10 years ago, naming me as his agent. For a long time, I didn’t need to do anything to help him, but now he is in a nursing home and is confused. I plan to sell his car, but the dealer is refusing to accept the power of attorney as-is. They say they want one of their own employees to be substituted as my father’s agent so that they can sign any papers for him related to the car sale. What do you think about doing this? – D.B. Historically, the purpose a power of attorney is to select an agent (and ideally, successor agents) to act in case you need assistance. Texas law on powers of attorney has evolved over the decades, the most recent large change dating to late 2017. Your father named you as agent in a durable power of attorney which was signed in about 2008. It is possible, but highly unlikely, that the document … [Read more...] about Substitution of Agent and Delegation of Authority
By Paul Premack Published 12:12 pm CDT, Monday, October 1, 2018 Dear Mr. Premack: Can a durable power of attorney and a medical power of attorney be amended to change the alternate agent without a new document being issued? – RLD A durable power of attorney is legally intended to delegate to an agent authority to assist with the principal’s financial and business matters. A medical power of attorney, likewise, delegates to an agent authority to make medical decisions for an incapacitated principal. If your attorney has written and you have signed these documents, but now desire to change the identity of the agent or an alternate agent, what steps do you take? First, for a medical power of attorney, Texas law specifically forbids changing the agent or alternate agent except by signing a brand new medical power of attorney. You cannot amend your medical power of attorney; you must replace it to change it. Second, for a durable power of attorney, Texas law has … [Read more...] about Replace, do not amend, powers of attorney
The devastating hurricanes of 2017 reminded us how important it is to prepare for disasters. These potentially life-threatening situations have real impacts on personal and public health. During Hurricane Irma, existing medical conditions and power outages increased the likelihood of death. Being prepared with supplies and an Emergency Action Plan can help you protect the health of your family until help arrives. September is National Preparedness Month (#NatlPrep), and the perfect time of year to remind people of The Power of Preparedness. This year’s call-to-action of Prepare Your Health (#PrepYourHealth) and four weekly themes highlight the roles that individuals, state and local public health, and CDC play in creating community health resilience. It takes everyone “pulling in the same direction” to create families, communities, and a nation that can withstand, adapt to, and recover from personal and public health emergencies. The first week focuses on personal … [Read more...] about The Power of Preparedness: Prepare Your Health
By Paul Premack Updated 3:38 pm, Monday, July 2, 2018 Dear Mr. Premack: Situation: I have been divorced from Robert for more than 20 years. We share an adult son, are very civil to each other, and I even still own a 50 percent share of the house we had before the divorce. Robert now has dementia and needs to live in a memory care facility. About 10 years ago, Robert asked if I would be agent in his statutory durable power of attorney. He downloaded the state’s basic form and signed it with a notary. I would like to protect the house from any reimbursement claim from Medicaid, and be sure that our son gets Robert’s half interest when he dies. Can I as Robert’s agent sign for him a lady bird deed like you have written about? – P.K. Your situation is unusual in that ex-spouses do not usually trust each other enough to co-own a house and act as agent under a durable power of attorney. In fact, Texas law provides that divorce automatically ends the … [Read more...] about Do basic statutory forms address broad legal needs?