CBA Record January 2019

Y O U N G L A W Y E R S J O U R N A L

@theBar talks Judicial Independence

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In the “Benching Judicial Independence: The Poland Edition”

The rule of law is under attack across the globe. What are we going to do about it? In our latest,“Benching

Judicial Independence: The Poland Edition,”the Dean of theWarsaw Bar Association Mikolaj Pietrzak talks

about howthe rule of lawand judicial independence can quickly erodewhen attacked by demagogic leaders,

and what lawyers in his home country are doing to preserve legal norms and civil society.

Listen now at https://legaltalknetwork.com/podcasts/chicago-bar/.

important estate planning documents, but it is important to know the rights and limitations associated with it. For example, when a parent names only one child to be the agent under a power of attorney, it can cause bad feelings and distrust among the child’s siblings. The following are some things to keep in mind: • Right to information. Your parent doesn’t have to tell you whom he or she chooses as the agent. • Access to the parent. An agent under a financial power of attorney should not have the right to bar a sibling from seeing their parent. A medical power of attorney may give the agent the right to prevent access to a parent if the agent believes the visit would be detrimental to the parent’s health. • Revoking a power of attorney. As long as the parent is competent, he or she can revoke a power of attorney at any time for any reason. The parent should put the revocation in writing and inform the prior agent. • Removing an agent under power of attorney. If the agent is acting improp- erly, family members can file a petition in court challenging the agent. If the court finds the agent is not acting in the principal’s best interest, the court can revoke the power of attorney and appoint a guardian. • The power of attorney ends at death. If the principal under the power of attor- ney dies, the agent no longer has any power over the principal’s estate. The court will need to appoint an executor

or personal representative to manage the decedent’s property. While it may seem like overkill to have a young adult execute such documents, the preparation of such advanced directives help negate the possibility of any disagree- ment as to who should act on your behalf, should you be unable to make decisions for yourself. In addition to powers of attorney, all adults should have a will. The will itself will become effective upon the death of the testator and will nominate an individual “executor” to handle the distribution of their assets. A common misconception is that a will can provide the executor with authority during the testator’s life. This misconception is one of the main reasons that people do not execute powers of attorney. Over the last few years, I have observed individuals seeking to have wills prepared in a number of scenarios: when they begin to accumulate wealth; when they have children; when they retire; and when family members pass awy. These are common occurrences leading individuals to speak with their attorney, but are not by any means the only instances in when a will should be prepared. While an estate plan can encompass other documents besides these, they are fundamental for all individuals to protect themselves and their family. Not only will the creation of these documents help you plan for the future, but they give you piece of mind that you have protected your family and loved ones.

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