The issue of Digital assets has come up again in the mainstream press. It was covered on the CBC in Canada and then was picked up by media outlets around the World. The Washington post ran with the headline
Her dying husband left her the house and the car, but he forgot the Apple password
The Daily Mail in the UK also ran the story with the headline “Widow who wanted her dead husband’s Apple ID so she could play games on their iPad is refused and told to get a COURT order instead”. The Sydney Morning Herald also alerted its readers. Google news is claiming 19,000 separate news articles about Peggy Bush, the 72 year old Canadian widow who simply wanted to play some games on the family iPad. The card game stopped working so she wanted to update it. To do this, she needed her late husband’s Apple ID password.
The best option that Apple gave her was to create a new Apple ID, but this would mean re-purchasing all of the games that had already been purchased by her husband. There was no way of transferring the games from one Apple ID account to another.
Apple suggested that they would only be able to release the User ID and password of the account with a court order. The general reaction was that this was a little unsympathetic to the situation; all of Peggy’s late husband’s assets had been successfully transferred, and nobody, including banks and insurance companies, had required a court order to do this. Continue reading →
Most people recognize that a Financial Power of Attorney (PoA) is a critical part of a complete estate plan. While a Last Will and Testament describes the distribution of your estate after you have passed away, the financial Power of Attorney allows you to give somebody to power to handle your business affairs if you are incapacitated or otherwise unable to take care of your finances yourself. This article discusses the implications of creating a Financial PoA. Keep in mind that we are not dealing with a healthcare PoA in this article which is an entirely different document.
Background to the Financial Power of Attorney
A financial PoA allows you (the grantor, principal or donor) to grant power to another person (the attorney-in-fact or agent) to handle specific or general financial tasks under defined circumstances. This gives rise to the different types of financial PoA; they can be “special” or “limited” if they grant specific powers to the agent, or you can create a “general Power of Attorney” if the powers are not to be restricted.
There are three types of general PoA Continue reading →