In this issue

Jonathan Tobin: Defending the Right to a Jewish State

Heather Hale: Compliment your kids without giving them big heads

Megan Shauri: 10 ways you are ruining your own happiness

Carolyn Bigda: 8 Best Dividend Stocks for 2015

Kiplinger's Personal Finance editors: 7 Things You Didn't Know About Paying Off Student Loans

Samantha Olson: The Crucial Mistake 55% Of Parents Are Making At Their Baby's Bedtime

Densie Well, Ph.D., R.D. Open your eyes to yellow vegetables

The Kosher Gourmet by Megan Gordon With its colorful cache of purples and oranges and reds, COLLARD GREEN SLAW is a marvelous mood booster --- not to mention just downright delish
April 18, 2014

Rabbi Yonason Goldson: Clarifying one of the greatest philosophical conundrums in theology

Caroline B. Glick: The disappearance of US will

Megan Wallgren: 10 things I've learned from my teenagers

Lizette Borreli: Green Tea Boosts Brain Power, May Help Treat Dementia

John Ericson: Trying hard to be 'positive' but never succeeding? Blame Your Brain

The Kosher Gourmet by Julie Rothman Almondy, flourless torta del re (Italian king's cake), has royal roots, is simple to make, . . . but devour it because it's simply delicious

April 14, 2014

Rabbi Dr Naftali Brawer: Passover frees us from the tyranny of time

Greg Crosby: Passing Over Religion

Eric Schulzke: First degree: How America really recovered from a murder epidemic

Georgia Lee: When love is not enough: Teaching your kids about the realities of adult relationships

Cameron Huddleston: Freebies for Your Lawn and Garden

Gordon Pape: How you can tell if your financial adviser is setting you up for potential ruin

Dana Dovey: Up to 500,000 people die each year from hepatitis C-related liver disease. New Treatment Has Over 90% Success Rate

Justin Caba: Eating Watermelon Can Help Control High Blood Pressure

The Kosher Gourmet by Joshua E. London and Lou Marmon Don't dare pass over these Pesach picks for Manischewitz!

April 11, 2014

Rabbi Hillel Goldberg: Silence is much more than golden

Caroline B. Glick: Forgetting freedom at Passover

Susan Swann: How to value a child for who he is, not just what he does

Cameron Huddleston: 7 Financial Tasks You Should Tackle Right Now

Sandra Block and Lisa Gerstner: How to Profit From Your Passion

Susan Scutti: A Simple Blood Test Might Soon Diagnose Cancer

Chris Weller: Have A Slow Metabolism? Let Science Speed It Up For You

The Kosher Gourmet by Diane Rossen Worthington Whitefish Terrine: A French take on gefilte fish

April 9, 2014

Jonathan Tobin: Why Did Kerry Lie About Israeli Blame?

Samuel G. Freedman: A resolution 70 years later for a father's unsettling legacy of ashes from Dachau

Jessica Ivins: A resolution 70 years later for a father's unsettling legacy of ashes from Dachau

Kim Giles: Asking for help is not weakness

Kathy Kristof and Barbara Hoch Marcus: 7 Great Growth Israeli Stocks

Matthew Mientka: How Beans, Peas, And Chickpeas Cleanse Bad Cholesterol and Lowers Risk of Heart Disease

Sabrina Bachai: 5 At-Home Treatments For Headaches

The Kosher Gourmet by Daniel Neman Have yourself a matzo ball: The secrets bubby never told you and recipes she could have never imagined

April 8, 2014

Lori Nawyn: At Your Wit's End and Back: Finding Peace

Susan B. Garland and Rachel L. Sheedy: Strategies Married Couples Can Use to Boost Benefits

David Muhlbaum: Smart Tax Deductions Non-Itemizers Can Claim

Jill Weisenberger, M.S., R.D.N., C.D.E : Before You Lose Your Mental Edge

Dana Dovey: Coffee Drinkers Rejoice! Your Cup Of Joe Can Prevent Death From Liver Disease

Chris Weller: Electric 'Thinking Cap' Puts Your Brain Power Into High Gear

The Kosher Gourmet by Marlene Parrish A gift of hazelnuts keeps giving --- for a variety of nutty recipes: Entree, side, soup, dessert

April 4, 2014

Rabbi David Gutterman: The Word for Nothing Means Everything

Charles Krauthammer: Kerry's folly, Chapter 3

Amy Peterson: A life of love: How to build lasting relationships with your children

John Ericson: Older Women: Save Your Heart, Prevent Stroke Don't Drink Diet

John Ericson: Why 50 million Americans will still have spring allergies after taking meds

Cameron Huddleston: Best and Worst Buys of April 2014

Stacy Rapacon: Great Mutual Funds for Young Investors

Sarah Boesveld: Teacher keeps promise to mail thousands of former students letters written by their past selves

The Kosher Gourmet by Sharon Thompson Anyone can make a salad, you say. But can they make a great salad? (SECRETS, TESTED TECHNIQUES + 4 RECIPES, INCLUDING DRESSINGS)

April 2, 2014

Paul Greenberg: Death and joy in the spring

Dan Barry: Should South Carolina Jews be forced to maintain this chimney built by Germans serving the Nazis?

Mayra Bitsko: Save me! An alien took over my child's personality

Frank Clayton: Get happy: 20 scientifically proven happiness activities

Susan Scutti: It's Genetic! Obesity and the 'Carb Breakdown' Gene

Lecia Bushak: Why Hand Sanitizer May Actually Harm Your Health

Stacy Rapacon: Great Funds You Can Own for $500 or Less

Cameron Huddleston: 7 Ways to Save on Home Decor

The Kosher Gourmet by Steve Petusevsky Exploring ingredients as edible-stuffed containers (TWO RECIPES + TIPS & TECHINQUES)

Jewish World Review June 26, 2006 / 30 Sivan, 5766

With wills, lawyers trump self-help forms

By Jan L. Warner & Jan Collins

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http://www.JewishWorldReview.com | Q: My husband and I recently purchased a "do-it-yourself" kit from the Internet that allows us to create our own wills, powers of attorney and healthcare directives so we don't have to go to a lawyer and spend the money. While the instructions are pretty straightforward, we have questions about the power of attorney, such as: 1) should we name more than one person to act for us (we have three children, and naming one would probably offend the other two); 2) should we make the document effective immediately or at a later date; 3) should we allow our agents the ability to make gifts of our money — and when?

A: The durable power of attorney is arguably the most important document that you and your husband will ever sign because it directs trusted individuals to handle your financial affairs should you become incapacitated. Your questions reveal the most glaring problems with trying to use self-generated computer programs at a time when competent legal help is necessary. For example, if you have IRAs or pensions, appropriate language must be included for your agent to have the authority to deal with these matters should you become unable to so yourself. And the content of the document may also be different if this is your first marriage that has lasted many years — or your second marriage of six months' duration.

Bottom Line: Each of the questions you ask goes to the very heart of the documents you wish to create and are best answered by a qualified attorney after he or she is acquainted with all of the facts and circumstances that surround your unique situation.

That said, here are some tips that you may wish to have ready to discuss with your lawyer when your durable power of attorney is drafted in a manner that fits your needs, and is not a "one-size-fits-all" form that fits no one:

— Be sure words to the effect that "this power of attorney shall survive my incapacity" are included in order to keep your power of attorney in effect after you become incapacitated, when you will need it most. These words make your document "durable."

— Assuming you have a long-term marriage (or that you trust your agent), it is best to make your document effective immediately rather upon your incapacity because of the problems some folks have proving to banks and other financial institutions that you have become incapacitated. Immediacy reduces the innate concern of those who will accept the document.

— We recommend that you choose only one agent, not two or three, because without a tiebreaker, disagreement may cause your affairs to be decided in a probate court. If you must choose more than one agent, we suggest including language that should there be a disagreement, a bank trust department will take over. Or, give one of the agents the ability to take over and oust the others. Always have an alternate or back-up agent in case your primary agent is unable or unwilling to act.

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— Gifting authority can be very dangerous unless you provide for it in a way that will not allow a third person to gut your finances. Whether or not to allow gifting, and if you do, to what extent, is probably the most difficult part of creating a durable power of attorney. Good legal assistance is necessary here based on your specific needs.

For example, if you are one of the small minority of Americans who will have an estate-tax problem when you die, you may want your agent to be allowed to make gifts in the same fashion you made them in the past; however, if you are like the vast majority of Americans who won't have estate tax issues, there are reasons you may not want to allow unlimited gifting except to your spouse — and then, only if your spouse is also the parent of all of your children.

Next Week: More durable power-of-attorney tips.

Every weekday JewishWorldReview.com publishes what many in in the media and Washington consider "must-reading". Sign up for the daily JWR update. It's free. Just click here.

JAN L. WARNER received his A.B. and J.D. degrees from the University of South Carolina and earned a Master of Legal Letters (L.L.M.) in Taxation from the Emory University School of Law in Atlanta, Georgia. He is a frequent lecturer at legal education and public information programs throughout the United States. His articles have been published in national and state legal publications. Jan Collins began co-authoring Flying SoloŽ in 1989. She has more than 27 years of experience as a journalist, writer, and editor. To comment or ask a question, please click here.


© 2006, Jan Warner