Showing posts from August, 2014

2014 Elder Concerts

Have you heard of the Elder Concert?  This event is a MUST for professionals working in the elder care arena.  The Elder Concert is a one-day gathering of the lead decision-makers in the Florida elder care community.  Based upon a growing sense of our multi-disciplinary mission, attendees include attorneys, health care providers, guardians, care managers, social workers, Judges, financial service professionals, facility administrators, representatives in government and others who care for and serve Florida's elderly.  Ever since Attorney General Bob Butterworth kicked off the first Elder Concert in 2001, the program has become a hallmark of networking and learning in this field.  Attendees are grouped into small topic clusters with a knowledgeable facilitator (not a lecturer), to allow for interactive learning and networking. The Elder Concert will take place on Florida's east coast on September 13th at Florida Atlantic University in Boca Raton, Florida and on the west coas

Utilizing a Power of Attorney document to open a pooled trust sub-account

We have recently been made aware that legal counsel for Florida's Department of Children and Families (DCF) is closely scrutinizing Power of Attorney (POA) documents used to execute documentation to join a Pooled Special Needs Trust.  We closely review any POA used to sign our Joinder Agreements, but we also state we don't necessarily have the final say.  Arguably we do, because whether we believe the POA document is sufficient to join our trust is up to us and DCF isn't a party to our agreement.  Then again, the time and expense to challenge DCF on this issue precludes a final decision being rendered by an authority.  First, whenever possible, have the beneficiary of the Pooled Trust sign the Joinder Agreement.  This gives DCF one less thing to argue about.  Second, review the POA document closely to find authority to sign our paperwork.  If you draft POA documents for a living make sure the power is granted to establish an irrevocable trust, particularly special