Free Danny Tate?

I recently learned of the conservatorship case of Danny Tate.  I guess I have been living under a rock because it appears that I was the last one to hear about this case.  A quick Google search turns up numerous articles and blogs about Mr. Tate's plight.  I won't rehash the details of the story as it has been detailed by numerous others both in print and online.  In addition, I have no idea which side is right and which side is wrong on this matter.  On one side, it doesn't take much research to see that Mr. Tate has a pretty compelling case that he does not (at least currently) need a conservator.  It seems many of Mr. Tate's supporters blame the probate judge for appointing a conservator for Mr. Tate.  The probate judge involved in this case, however, has an excellent reputation and it is hard to believe that he would appoint a conservator where one was not needed.

Regardless of who is right and who is wrong, this case highlights the need for incapacity planning.  When preparing wills for clients, we also prepare powers of attorney for healthcare and finances to avoid the need of a conservator if a client becomes incapacitated.  It can be easy when preparing these documents to not put a lot of thought into who should serve in these roles and what the documents actually say (and do not say).  As the Tate case (and many other cases) highlights, the persons we choose to serve as powers of attorney can be just as important as the other planning we do.

Just last night I was watching an episode of The Good Wife, which despite its horrible Tammy Wynette-esqe title, is actually pretty good. In this episode, a husband and a wife were divorcing.  Just hours before the court appearance to finalize the divorce, however, the husband had a car wreck and went into a coma.  While the husband had changed his will to remove his soon to be ex-wife as the beneficiary, he had not changed his power of attorney.  So, while his ex-wife would not receive anything if he died (there was a prenuptial agreement waiving all statutory rights), as long as the husband was alive, the ex-wife had control of his $40 million estate!  

The moral of the story - check those POAs!!