Durable Power Of Attorney Forms

Q.My mother and father had a lawyer set up their trusts many years ago. The lawyer recently sent a letter saying there was a new law dated October 1, 1995 regarding "Durable Family Power Attorney". (Probably should be power OF attorney). He says the law requires banks, brokers and others to accept "the form" whatever that means (probably a power of attorney form). What's this all about? Is there some compelling reason I should make some changes to these trusts? Can I do this myself; or do I need a lawyer?

A.Read the lawyers letter again. He is not proposing any change to the trust, but is only suggesting that your parents take advantage of the statutory durable power of attorney form that apparently only became available in your state last year. If the statutory form is similar to the one used in California, you should let the lawyer do his job (ie prepare the form and explain it to your parents) because any deviation from the statutory form may render the document ineffective.

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