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Misappropriation of an elderly person's assets by someone legally authorized to oversee them may now be a lot tougher to pull off in the State of New York. New legislation that went into effect Sept. 1 - in the form of a radically changed power-of-attorney (POA) document - couldn't have come at a better time. "Financial abuse is one of the fastest growing areas of elder abuse," says Andrea Lowenthal, an elder-law and estate-planning attorney in New York. "Older people are a growing segment of society and are among the most vulnerable, often because of their...

Author: /time Magazine | Title: New Legal Protections for the Elderly | 9/9/2009 | See Source »

...power of attorney has teeth," says Ronald Fatoullah, an elder-law and estate-planning attorney in New York. One safeguard is a multiplicity of signatures. Now both the principal and the agent must sign the POA, and each signature must be notarized. "This is a big change," he says. "The document specifically states that when you accept the authority to act as agent, you create a special fiduciary relationship with the principal that imposes legal responsibilities until you resign or the power of attorney is terminated." (Read "The Real Issues of End-of-Life Care...

Author: /time Magazine | Title: New Legal Protections for the Elderly | 9/9/2009 | See Source »

...these write-ins would often be overlooked by the principal, it was possible for agents to write checks to benefit themselves and clean out a principal's bank account. Now such doings will be harder to get away with. If the principal wants to grant the agent the specific power to make gifts, the principal must initial a box on the POA authorization form, and then describe the types of gifts on a separate statutory major-gifts rider. The rider must contain the signature of the principal and two witnesses and also be notarized...

Author: /time Magazine | Title: New Legal Protections for the Elderly | 9/9/2009 | See Source »

...whether he wins in the first round or is forced into a runoff with Abdullah, Karzai will almost certainly stay in power. That means Washington must continue to deal with him. (See pictures from a battle in Afghanistan's Kunar province...

Author: /time Magazine | Title: Can the U.S. Still Work with Afghanistan's Karzai? | 9/8/2009 | See Source »

...efforts to repair the war-thrashed nation. The international aid community is disheartened by the prospect of another five years of a government that is infested with warlords and drug traffickers. And Washington is fed up with Karzai's duplicity and fecklessness. Despite the fact that he came to power on the back of the U.S.-led invasion of Afghanistan, Karzai used the latest poll as a chance to portray himself as the one Afghan willing to stand up and criticize the way U.S.-led coalition forces have inflicted civilian casualties while chasing the Taliban. "Karzai wants his legacy...

Author: /time Magazine | Title: Can the U.S. Still Work with Afghanistan's Karzai? | 9/8/2009 | See Source »

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