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Register for this course
AN INTERACTIVE TELEPHONE SEMINAR FROM VIRGINIA CLE
REPLAY (Eastern Time): Tuesday, October 19 / 12:00 noon–1:30 p.m.
Program Level: All Levels
This program is a telephone replay of a live telephone seminar held in May 2010.
NEW LAW — Effective Date July 1, 2010.
The Virginia Uniform Power of Attorney Act (UPOAA) became law on July 1, 2010.
The new law is intended to fill gaps in the pre-existing law, encourage greater
acceptance of durable powers by third parties, and facilitate their use by simplifying
the drafting process and increasing uniformity across state lines.
Although the sheer volume of the UPOAA may appear intimidating to many at first
glance, the presenters will simplify its study by focusing on the UPOAA’s general
underlying principles and highlighting how it changes old law and practice.
WHO SHOULD COME:
Estate planning attorneys, elder law attorneys, real estate attorneys, and attorneys
for financial institutions are among those practitioners who will most be affected
by the enactment of the UPOAA.
COURSE HIGHLIGHTS
• The UPOAA revises the default rules related to powers of attorney. Previously,
powers of attorney were based on common law, which presumed that a supervised
agency relationship existed. There were a few statutes implemented that modified
this presumption, but the vast majority of rules presumed a supervised agency
relationship existed where the principal was still competent to supervise his
agent’s actions. The UPOAA provides a modern set of comprehensive default rules
that take into account the fact that, in many cases, a principal is incapacitated
and cannot supervise his agent’s actions.
• The UPOAA provides mandatory provisions that provide safeguards for the protection
of the principal, the agent, and persons who are asked to rely on the agent’s
authority.
• The UPOAA also modernizes the various areas of authority that can be granted
to an agent and requires express authorization by the principal where certain
authority could dissipate the principal’s property or alter the principal’s
estate plan.
• The UPOAA encourages acceptance of a power of attorney by third parties by
(1) providing broad protections for the good faith acceptance or refusal of
an acknowledged power of attorney, (2) recognizes the portability of powers
of attorney validly created in other states, and (3) offers additional protective
measures for principals by allowing a third party to refuse the power of attorney
if they believe that the principal is being subject to physical or financial
abuse or exploitation by the agent.
QUESTION-AND-ANSWER SESSION
At the end of the program, you can push a number on your touch-tone phone and
be placed in a queue for questions. When it’s your turn, you enter the conference
call in a mode that allows your question to be heard by the speakers and the
rest of the telephone audience. The speakers will then discuss the question
with you.
COURSE SCHEDULE
| 12:00 |
The Virginia Uniform Power of
Attorney Act |
| 1:15 |
Question-and-Answer
Session |
| 1:30 |
Adjourn |
Live 15-Minute Question-and-Answer Period
FACULTY
Andy Hook, Oast and Hook, P.C. / Virginia Beach
Andy Hook has served as the Chairman of The Virginia Bar Association, Wills, Trusts
and Estates Section, subcommittee that was responsible for studying the UPOAA.
He has testified before both the Virginia Senate and House of Delegates concerning
the UPOAA. He is the author of the BNA Portfolio on Durable Powers of Attorney.
He is the co-author of The Virginia Uniform Power of Attorney Act, published
in the University of Richmond Law Review, and a co-author of a forthcoming article
on the UPOAA to be published by the American Bar Association.
Katherine Ramsey, Hunton & Williams LLP / Richmond
Katherine E. Ramsey is a 1998 graduate of the University of Virginia School of
Law and a partner at Hunton & Williams LLP in Richmond. She practices primarily
in the areas of estate planning, estate administration, and charitable giving.
Among her other professional activities, Ms. Ramsey currently serves as Secretary
of the Legislative Committee of The Virginia Bar Association’s Section on Wills,
Trusts and Estates, which has closely studied the UPOAA over the past three years.
She has actively worked with The Virginia Bar Association and other interested
parties on the UPOAA, and has testified on several occasions before the Virginia
General Assembly regarding the Act. Ms. Ramsey also has presented on the UPOAA
at several continuing legal education seminars in the past year.
REGISTRATION FEE
$119.00 regular registration.
MCLE Credit Caveat: The MCLE Board measures credits by the time you spend
in attendance. If you enter a phone seminar late or leave it early, or both, you
must reflect those adjustments accurately in the credits you report on your credit
reporting form. A code will be given at the beginning and at the end of
the seminar, which must be written on your MCLE form.
Cancellation/transfer
requests will be honored through 2:00 p.m. of the DAY BEFORE the seminar.
Private recording of this program is prohibited.
WHAT REQUIREMENTS ARE THERE FOR A TELEPHONE SEMINAR?
Telephone seminar registrants need a touch-tone phone and Internet access. All
telephone seminar registrations must be received by 2:00 p.m. the day prior to
the program. Telephone seminar registrants should have access to e-mail
so that a link to the written materials can be sent prior to the program.
Registration closes at 2:00 p.m. of the day PRIOR to
the seminar.
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