Monitor your executors & attorneys, and control your legacy!
- Confirm your attorneys and executors and stay informed of changes.
- Change your POA and will and inform everyone involved.
- Keep track of anyone using or relying on your POA and will.
- Maintain an audit trail of instructions to your lawyer and other stakeholders.
- Decide what your beneficiaries should know and when.
What is Estate Enforcer?
Ensuring that your estate is well managed by those you entrusted with it.
By keeping everyone informed, collectively they will help monitor your estate, the use of your Power of Attorneys and Wills, and the changes that may affect the legacy you decide to leave behind. Together you and your stakeholders will eliminate the misuse of the power you delegate and the carrying out of your wishes.
Estate Enforcer is an application to safely and easily manage your power of attorneys and wills – all in one place. Whether it’s choosing who will have power of attorney privileges over you, preparing instructions to your lawyer to draft your will, or keeping tabs on everyone involved, Estate Enforcer is your lifetime tool!
We know how important these decisions are. What you shouldn’t have to worry about is the accessibility and security of the decisions you made over your estate and how to leave behind a legacy that you can trust. That’s why all of our features are made to put you in control of your power of attorneys and wills, by keeping you informed and apprised of everyone involved and their situation together with yours.
Your personal information and legal documents will soon be kept secure and accessible anywhere in the world using the power of blockchain.
When an attorney misuses their authority that is granted to them, it is considered power of attorney abuse. This typically manifests in the form of not making decisions in your best interest as the donor. In some cases, the appointed attorney will neglect your needs as the donor. If the power of attorney was created for personal care, this is a serious issue since your health and welfare as the donor is at stake. It is typically known as breach of fiduciary duty. Fiduciary duties can include, but are not limited to:
1. Ensuring that you, as the donor, is informed about any changes to your finances, affairs, or personal information.
2. Refraining from transferring your property or finances to the attorney unless indicated in the power of attorney.
3. Receiving consent for making any changes or profiting from your finances.
Medical abuse can occur in the forms of you unwillingly being brought to a nursing home, unneeded medical appointments being made, or adequate care not being provided. If your concerned parties (such as friends and family) are becoming prohibited from seeing or communicating with you, it is often a red flag. Care expenses not being covered and unreasonable changes to assistance are other signs of misuse.
Power of attorneys created for property can be abused for the financial gain of the appointed attorney. Money can be transferred from your bank to theirs, property can be sold for their gain, and similar financial situations.
When the abuse of a power of attorney borders identity theft, it is considered fraud. Having full access to your personal information, bank accounts, and sensitive data can enable your attorney to commit many fraud related crimes, especially if no one else knows until it is too late.
Firstly, credit cards, bank accounts, and other financial products can be opened in your name. Welfare and tax fraud can be done under your name without you or anyone else who cares about you, ever knowing. Performing forgery to become a beneficiary or owner of property is another form of fraud that can be performed.
Since power of attorneys are typically granted to care for sick, elderly, or disabled individuals, they are the ones who are most at risk. As they are already in physically and mentally vulnerable positions, dishonest attorneys can take advantage of them. If you live alone or have very few relatives to rely on, you are also very susceptible.
Not to mention, there are many forms of will fraud. The most common is when an executor submits an earlier version of a will for probate in an attempt to deceive the beneficiaries as to their latest entitlements under a more recent will, often motivated by direct or indirect personal gain. This is common because often one would create a will, give out copies to executors and beneficiaries or let them know where the original is stored. When wills are later changed, the executors and beneficiaries may not be notified, or their involvement or inheritance was altered such that it was uncomfortable for the deceased to inform them at the time. Not knowing better, or knowing and not agreeing with the changes, the executor may intentionally act on an older will that they may have a copy of, or know where the original one is. Keep in mind these wills can be altered by “slip sheeting”, where pages of the will are swapped with fraudulently drafted ones and commingled with the actual pages of the will in order to effect the result the fraudster desires.
Fraud can even begin earlier by inducing the bequest of the testator through duress or undue influence. Or taking advantage of the testator when they are not of sound mind, often involving a less scrupulous lawyer and notary, tricking the testator into altering or drafting a new will without any of the original beneficiaries and executors knowing, or even family members and confidants, such as the original lawyer. Also, another example is when the testator disposed of his property differently because of the intentional misrepresentation that the testator considered important but where the misrepresentation was not directed to a particular provision in the will. For instance, if a fraudster convinces the testator that an heir apparent has already died, but is, in fact, alive, this would probably cause the testator to distribute his assets differently, either in the execution of the already drafted original will or a codicil or revoking a will that included the heir, so that a new will can be executed not including the presumed deceased heir. Another example of this is in the execution of the will, which occurs when the fraudster misrepresents the document that the testator is signing as the testator's will, when, in fact, it is not. For instance, fraud in the execution would occur if the fraudster drew another will naming himself as the primary beneficiary then substituted his will for the testator's will and had the testator sign it as if it was his will. Because for some reason testators feel that they need to keep their wills private and hidden, no one ever finds out. By not keeping your beneficiaries and executors informed, as well as your loved ones, friends, confidants and lawyer; perpetrating fraud in this manner is easier than you may think!
So why Estate Enforcer?
Prevention is often the best approach to avoid misuse and fraud of a power of attorney or will. The individual granted power should ideally be a close family member or friend, and should NOT be the only person that knows. Power should never be granted to a stranger and caution should be exercised with third party companies or advisors. Most importantly, both your will and power of attorney documents and the executors and attorneys therein should be monitored at all times by you, if capable, and by your family and close friends, even your trusted lawyer.
Friends, family, and other parties involved with you should be kept informed about whom is appointed and when. Healthcare providers, banks, and other important institutions can also be notified and given the ability to look up anyone who presents your power of attorney for use or your will for probate.
Make sure to keep your trusted family members, friends, and advisors informed about who has Power of Attorney over you, and eventually who will be the executor of your estate. Be sure to retain all access and control to your financial, medical, and personal records, and follow-up often to make sure no sudden or unauthorized changes have been made. Also, trying to find out if someone previously presented your power of attorney or attempted to act on your behalf as your attorney, when they shouldn’t have, is the best way to flag your power of attorney documents or any fake ones and immediately take action to prevent fraud.
Ensure that you retain the right to take back a power of attorney or will under any circumstance, and do not release your power of attorney or will unless it becomes absolutely necessary. Make sure to immediately notify your attorney or executor when they have been removed, or if the power of attorney or will has been revoked or changed to include other attorneys or executors to act together, and make sure to put all those who care about you on notice of these changes so that they can help monitor any fraudulent future use or reliance.
Be very cautious of signing any continuing (durable or enduring) power of attorney, as it typically affords the attorney total or near-complete power over your affairs perpetually. And finally, make sure to use Estate Enforcer to help manage all of these considerations throughout your lifetime and thereon.
Estate Enforcer will ensure the continued willingness and ability of your attorneys and executors to act before finalizing your power of attorney and will. You can later swap or add an additional attorney or executor to act instead or together with. Estate Enforcer's intelligent A.I. will continuously look for circumstantial changes that will automate the suggestion to change who the attorneys or executors are. The intelligence of our application will monitor and verify the authentic use of the power of attorney and will, by your attorneys and executors, as well as keep track of who is relying on them. This will give you much more control and protection, as it can't be used without you, or your stakeholders, receiving notice. At any time, you have the ability to revoke or revise your power of attorney or will, which in normal circumstances may be out of your control. Most importantly the information is kept private and secured. Your attorney or executor only has the ability to resign, help monitor and act as another source of truth for someone relying on a presented power of attorney or will that is being used and therefore verified.
Manage your Power of Attorneys
Control who will have power of attorney privileges over you.
The process for creating a power of attorney can be lengthy, difficult and expensive. Estate Enforcer's technology cuts out the loss of control once your power of attorney documents are in circulation, by offering a safe and easy way to instruct, create and manage your power of attorneys, putting you in control. Even more, you have the ability to revoke or cancel power of attorney privileges – which in normal circumstances would be a daunting task.
Estate Enforcer allows you to easily create various types of power of attorneys based on your needs, and confirm with your circle of trust who can and will act in your best interest.
Already have an existing power of attorney? Great, upload it and safely store it here which will soon be on our blockchain. Answer a few questions, and you can enjoy the same benefits as if you created it here from new. Get notifications of its use. Confirm your attorney’s ability or willingness to act or continue. And most importantly track any changes and revoke anyone you don’t want involved.
So What's the Big Deal?
You could lose everything even when alive, often leaving nothing for your heirs.
The amount of American's aged 65 and older is projected to more than double by the year 2060. It's also estimated that elderly individuals lose approximately $2.9 billion annually from financial fraud and scams.
A power of attorney is a legal document which enables another party to make decisions on your behalf in the case you are unable to, such as being in a coma, losing mental capacity, while in the military being deployed overseas, or simply being out of the country. The other party granted power is considered the “attorney”. There are two forms of this document:
1. Property type: Your attorney has deciding power over your housing, investments, bills, and other financial assets.
2. Personal care type: Your attorney is able to make decisions related to your health, clothing, and other aspects of your personal life.
To prepare a power of attorney, you must first be mentally capable to do so. To sign a power of attorney for property, you must understand:
1. What assets you own and their worth.
2. That you will have obligations to the attorney.
3. The power and control you are giving to the attorney.
A power of attorney for personal care requires you to:
1. Have a genuine need for assistance.
2. Understand the importance of choosing the correct individual to appoint as attorney.
Selecting the correct attorney is crucial to avoid misuse and fraud. On average, the appointed individual will have to be an adult and be able to hold property under its name, such as being a minimum of 18 years old. In certain countries, including Canada, the minimum age for a personal care power of attorney is 16 years old. Every person should refer to their local legislation to determine age restrictions.
An attorney for personal care should ideally be a family member or close friend. They should understand all of the responsibilities they will undertake if appointed. Paid individuals are normally not allowed to be an attorney for personal care, which includes:
1. Nurses or health care providers
2. Teachers or social workers
Attorneys for property can begin making decisions immediately, therefore extra caution is suggested. It is common to state within your power of attorney that the other party is only allowed to make decisions if you are mentally incapable. Trust companies can also be appointed as an attorney for a fee to handle property.
To determine when a power of attorney comes into effect and for how long, there are several categories that can be selected. They are:
1. General: Effective immediately and end on your death or incapacity.
2. Limited: Effective only for specific periods of time or purpose(s) as previously decided by you.
3. Enduring: Effective immediately and continues into incapacity. Ends upon your death or revocation.
4. Springing: Not effective until incapacity occurs or a specified trigger as previously decided by you.
All power of attorneys end on your death, which where the importance of a will comes in!
Manage your Wills
Securely access your will to change your wishes at anytime and from anywhere.
Creating and managing your will can be a stressful thing to do. With Estate Enforcer, you can store your existing will or create a new one, all while having complete control of who has access. You can amend your will any time. This includes replacing or removing your executors, changing your bequests and making sure urgent or near catastrophic considerations can be attended to instantly. Plan on traveling? Forgot about updating your will. No problem, you can do this anytime and anywhere.
Why use Estate Enforcer?
Deciding who your power of attorneys or executors and trustees will be is an important decision. It traditionally relies on an expensive and emotionally challenging exercise, often relying on advice you do not necessarily need. Estate Enforcer alleviates how you manage this in a way that is safe, secure and private.
Why use Estate Enforcer?
Deciding who your power of attorneys, proxies or executors and trustees will be is an important decision.
It traditionally relies on an expensive and emotionally challenging exercise, often relying on advice you do not necessarily need. ProxyKin alleviates how you manage this in a way that is safe, secure and private.
abuse and fraud
Safe, secure and private
Verify attorneys & executors, and authenticate wills & POAs
Keep track of when, where & who is using your POA or Will
manage and administer
Obtain confirmations from stakeholders
Keep everyone informed with notifications
Meet the team
We're made up of industry experts that see a better way to manage your power of attorneys and wills.
Founder and CEO
CTO, Principal Developer
Frequently Asked Questions
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