Question

Your advisory client is an 86-year-old woman who is presently in the hospital, unable to communicate due to a severe stroke. For the past 6 years, she has followed the practice of making annual gifts of stock to her children and grandchildren on her birthday. Because her 87th is coming up later this month, her oldest son approaches you and asks you to continue the policy. A) You may only follow the provisions of her will. B) With 6 years of prior history, you know this is what she would want you to do so you go ahead as in previous years. C) Without a proper durable power of attorney being produced, you cannot do anything. D) You should go to the hospital and see if she can blink her eyes to indicate yes or no.

Answer 1

Answer should be C.

That is why everyone should complete a durable power of attorney legal document (may vary by state).

If you become incapacitated, no one has access to your assets: paying bills, depositing checks etc.
Have this arranged with your family so one or more trusted persons can manage your affairs.

Without a POA, assets are frozen until you get a court to intervene.