How to Choose Your Power of Attorney
Daniel Willems
Choosing a Power of Attorney can seem like a daunting task, but it is a crucial step in planning for the future. Your Power of Attorney (POA) will have the power to legally handle your financial and legal affairs in the event that you become incapacitated or are no longer able to make decisions for yourself.
When you choose your Power of Attorney, there are a couple of things you should keep in mind.
- If you own your own business or have substantial business interests your Power of Attorney will become responsible for, you may want to consider choosing a person that has a thorough understanding of your business or business interests.
- If you have someone in mind you want to name as your POA, it might be beneficial to have a conversation with that person to discuss what their responsibilities would be and the depth of their financial and legal knowledge.
In addition to the above considerations, there are also certain characteristics and qualifications that your Power of Attorney should possess. When considering potential POA’s, make sure the individual possesses most, if not all, of these qualifications.
Your Power of Attorney should be someone who:
- Will act in your best financial and legal interest.
- You trust and who understands your values.
- Has legal or financial experience.
- Has a comprehensive understanding of their duties.
- Will commit to taking those duties seriously.
- Is able to collaborate with attorneys and accountants.
Knowing how to choose your Power of Attorney starts with knowing what your POA’s responsibilities will be. Before making your decision, sit down with your lawyer to discuss the potential duties of your Power of Attorney. Once you’ve outlined these duties, you can begin the decision-making process.
Contact Daniel Willems to begin the process of choosing your Power of Attorney.
You can depend on exceptional mediation services from Willems Law Firm. This process greatly reduces stress in your situation. Listen to Judge Artis Reis discuss “Alternative Dispute Resolution“:
While common law marriage does exist in Iowa, it could be difficult to prove. The couple has to meet certain requirements for the courts to consider them married under common law. Additionally, once a couple is considered married under common law, they cannot simply walk away from the marriage if differences arise—they must be divorced by a court of law. Common-Law Marriage Requirements Though Iowa does not have a specific time requirement for a common-law marriage, for a couple to be considered married under common law, the couple must meet three elements: Present intent and agreement to be married by both parties; Continuous cohabitation; and A public declaration that the parties are husband and wife. These elements were laid out in In re: Marriage of Winegard, 278 N.W.2d 505, 510 (Iowa 1979) and again in In re: Marriage of Donetta Rae McWilliams and Aaron James Capalite 15-0909 (Court of Appeals, Filed Aug. 31, 2016). The appellate court in Capalite goes on to say that an express agreement is not required, but that element could be an implied agreement, meaning that one of the parties considers himself or herself as part of a marriage as long as the other party’s actions do not deny the actions and words of the party showing intent to be married. Furthermore, the parties cannot meet just one of these elements. Just because a couple lives together, it doesn’t mean they have a common-law marriage. Additionally, a couple will not be considered married under common law if they purport to be married only when it suits the current circumstances. The courts look to several factors to determine whether a common-law marriage exists, including but not limited to: Whether the couple has joint bank accounts; If a mortgage is in both names or in one party’s name; Whether the couple files tax returns as single or married/married filing separately; Whether the couple adds each other as beneficiaries to insurance policies; and Whether the couple has deeds and/or titles in their names together. To meet the third element, it must be publicly known that the couple is husband and wife. This may be shown by friends and family testifying that the treat the couple as married, receiving mail as ‘Mr. and Mrs.,’ or having each party’s relatives referring to the other party as in-laws. Divorce and Common Law Marriage The law looks at marriage as a contract between two people. Thus, a common-law marriage must be dissolved just as a conventional marriage is dissolved—through the courts. Essentially, you must break the contract, whether it is a settlement you both agree to or a court order. If one party denies that the couple was married, part of the divorce proceedings might be determining whether the couple was married. A couple in a common-law marriage is subject to all the tenants of divorce just as a couple who was registered to be married, including but not limited to: Spousal support; Child support; Custody and visitation issues; and Distribution of property, including real estate, personal property, retirement accounts and liabilities. Before you decide to act married in Iowa, take into consideration that you may be married in the eyes of the law. Contact an Iowa Family Law Attorney If you are in a common-law marriage and you decide to end the relationship, contact an experienced Iowa family law attorney, like Daniel Willems to help you with divorce proceedings. Request a consultation with Daniel to get started today.
Can a Person Buy and Sell a Home without The Help of A Real Estate Agent? No law requires you to use a real estate agent. Real Estate Agents provide many valuable services – including: Marketing; Contracts; Compliance with state and federal laws; Oversight of the various details and steps necessary to complete the transaction and financing; and Assistance managing disputes. Most people who sell or buy homes without the assistance of a real estate agent feel comfortable marketing their home. However, they are not aware of the various pitfalls related to contracts, compliance with state and federal laws, and transaction details. PROFESSIONAL ASSISTANCE IS NEEDED. If you are going to buy or sell a home without a real estate agent you need a REAL ESTATE ATTORNEY even before you put your home on the market. What Are the Risks of Not Using an Attorney when Buying or Selling Real Estate? While some transactions go smoothly and without a hitch, potential disasters await the unwary. Here are some examples: Example 1: A Seller used a contract for the sale of real estate purchased from an office supply store. The contract was not designed for use in Iowa. At closing, a dispute arose over responsibility for taxes and a faulty furnace. Without clear guidance in the contract concerning these issues, both parties are incurring attorney fees and may end up in court. Example 2: A Seller failed to use disclosures required by federal law. After the transaction, a child living in the home was discovered to have high blood lead levels due to conditions on the property for which disclosure and a warning were required. The Seller is now liable for: a) modification of premises to make it safe; b) the cost of testing for the child; c) attorney fees; and d) the child’s resulting learning disability. The Seller’s liability exceeds the purchase price of the property. Example 3: Sellers arrive at the closing table only to discover they had not prepared a document necessary for closing. Delay in the closing caused the Buyers to miss a deadline related to a lock on low-interest rates. Now the Buyers have to pay a higher interest rate and want the Sellers to reimburse them for the higher costs. Over the life of the loan, the increase in interest can equal tens of thousands of dollars. Thus you can see that in real estate transactions, “an ounce of prevention is worth a pound of cure.” Services and Fees The Law Office of Daniel W. Willems charges the following fees in “for-sale-by-owner” transactions: Initial consultation and preparation of OFFER TO PURCHASE, together with an instruction letter and blank disclosure forms; $450.00 (Additional consultations concerning counter offers and other matters are done by the hour.) Preparation of GROUNDWATER HAZARD STATEMENT, STATEMENT OF VALUE, and DEED. $75.00 Title Opinion for residential property: Initial and final $200.00 Condominium $225.00 You do not pay an additional attorney fee if we issue Iowa Title Guaranty commitments and certificates. You will pay Iowa Title Guaranty premiums. The attorney receives additional payments from Iowa Title Guaranty for completing a certificate. Additional attorney fees may be charged for certain non-standard endorsements. Standard title cure documents. $100.00 to $250 depending on the issue. -Does not include obtaining signatures on documents or filing fees. Prepare closing numbers: $200.00 Review a HUD statement. $150.00 Attend closing in Cedar Rapids $250.00 Notice: The stated fixed fees will be available only to clients whose matters are encompassed within the described services. For matters other than those listed above, the client is entitled to request a specific written estimate of the fees likely to be charged. Fees listed herein are good to the end of 2023. Do you have any questions about finding the right Real Estate Attorney? Learn more on our Real Estate page or contact us for a current list of Real Estate Services and Fees.