New Power of Attorney Act Out of Stock
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May 2009
Colorado's New Power of Attorney Act
Program Highlights
What You Will Learn:
*Guided Tour of the New Uniform Power of Attorney Act
*Protection of the Principal, Accounting and Reporting
*Enforcement Provisions and Third Party Protections
*Agent Responsibilities, Liabilities and Oversight
*How to Modify Your Current POA Forms to Comply with (and Take Advantage of) the New Uniform Power of Attorney Act
Program Description
Colorado is adopting, with some important Colorado-specific amendments, the Uniform Power of Attorney Act (UPOAA or the Act). While the UPOAA does not become mandatory until January 2010, practitioners can begin taking advantage of its flexibility right now!
This program's faculty, all of whom are trust and estate law experts who have been intimately involved in the development and passage of the UPOAA, will show you, step-by-step, how this new legislation affects your practice. From an overview of the key provisions in the Act, to the Act's clarification of an agent's powers, to the important interplay between the Act and the “fiduciary toolbox” legislation already on the books, you will get up to speed fast on this new law! You will learn the important balancing of duties and protections under the Act with respect to an agent and a third party in a given transaction, all with the underlying goal of preserving principal self determination while protecting against abuse.
The program includes a very practical session on actually using the Act in your drafting. Learn how a POA executed currently may opt into the new Act to determine how the power will be construed and applied, getting full benefit of the new Act including incorporation of the statutory powers and other provisions. In addition, starting with a well-understood power of attorney form based on existing law, your instructor will show you, using a “modular” approach, how to adapt this form to conform to the requirements of the Act and to best meet the needs of different clients and different situations.
Topics
A Guided Tour of the Uniform Power of Attorney Act; and, How the Act Can Empower and Protect Your Client
Part 1: A Guided Tour of the Uniform Power of Attorney Act
*General Provisions: Setting the Mandatory and Default Ground Rules
*Delegating Authority: General and Specific
*Optional Statutory Forms
Part 2: How the Act Can Empower and Protect Your Client
*Flexibility in Tailoring Authority & Agent Duties
*Protections Against Attacks on the Principal's Choice of Agent
*Protections Against Arbitrary Refusals of POAs by Third Parties
*Protections Against Fiduciary Abuse
Presented by Professor Linda S. Whitton
Agent Responsibilities and Liabilities
*How an Agent Resigns
*How Co-agents Work Together
*How the Act Sets a “Default” Standard of Care for Agents
*When the Court May Supervise an Agent - C.R.S. Section 15-10-501, et seq.
*How the Act Helps the Agent Get His/Her Job Done
*Agent Misconduct and Breach of Duty
*How the Act Affects Your Representation of a Principal
*How the Act Affects Your Representation of an Agent
*Reining in the “Rogue” Agent
Presented by Catherine Anne Seal, Esq.
Drafting Power of Attorney Documents Today Using Provisions of the New Act
*Opting In and Out of Boilerplate Powers Spelled Out in the Act
*Ten Super Powers that May Need to Be Spelled Out in Your POA
*Navigating the Act's Other Mandatory and Default Rules
*Using a Springing Revocable Trust and Other Nifty Provisions
*Coordination with Medical or Health Care Powers
*Other Re-drafting Tips and Techniques
Presented by John DeBruyn, Esq.
Planning Committee
John DeBruyn, Esq.
DeBruyn Law Offices
Denver, CO
Stanley C. Kent, Esq.
Stanley C. Kent, PC
Colorado Springs, CO
Michael A. Kirtland, Esq.
Kirtland & Seal, LLC
Colorado Springs, CO
Catherine Anne Seal, Esq.
Kirtland & Seal, LLC
Colorado Springs, CO
Linda S. Whitton
Professor of Law
Valparaiso University School of Law
Valparaiso, IN
- CLE Pass Price *FREE! - exclusions may apply
- Standard Price $199.00 USD
- Member Price $179.00 USD
- General Credits 4.00
- Ethics Credits
- EDI Credits