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Beware the Power of AttorneyBeware the Power of Attorney

Lawyers get requests for powers of attorney all the time, and they're easy to churn out and then forget. But beware. Powers of attorney also are very easily abused. So easily, in fact, that the Illinois docket where we practice is flooded with sad tales of elderly women who were taken advantage of. Don't add your clients to that list, for their sake or yours. Instead, keep in mind poor old Corrine

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John T. Brooks, parther, and Samantha Weissbluth, senior counsel, Foley & Lardner LLP, Chicago

Lawyers get requests for powers of attorney all the time, and they're easy to churn out and then forget. But beware. Powers of attorney also are very easily abused. So easily, in fact, that the Illinois docket where we practice is flooded with sad tales of elderly women who were taken advantage of. Don't add your clients to that list, for their sake — or yours.

Instead, keep in mind poor old Corrine Rice and her lawyer, Peter Deforest Winthrop, who's now suspended from the practice of law for two years. And make sure you never do anything that remotely resembles Winthrop's actions.

Rice, 92, was never married; she had no children or siblings. Livi...

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About the Authors

John T. Brooks

Partner, Foley & Lardner LLP

http://www.foley.com/

John T. Brooks is a partner with Foley & Lardner LLP focusing his practice in the area of estate, trust and fiduciary litigation. He has been Peer Review Rated as AV® Preeminent™, the highest performance rating in Martindale-Hubbell's peer review rating system and was recently re-elected by his peers for inclusion in The Best Lawyers in America® 2007-2012 in the field of trusts and estates. He was also selected for inclusion in the 2005-2012 Illinois Super Lawyers® lists and Leading Lawyer in 2003-2009.*

Mr. Brooks began his legal career in estate planning and administration and subsequently transferred the substantive knowledge he acquired in those areas into a successful practice litigating contested estate and trust matters. His practice encompasses all aspects of estate and trust litigation including breach of fiduciary duty issues, judicial constructions of wills and trusts, will and trust contests, tax litigation, contested heirship, adoption and paternity issues, charitable pledge disputes, guardianship matters, estate planning malpractice, and wrongful death actions. He also handles appeals of these matters as well.

Mr. Brooks is a frequent speaker on topics related to estate and trust litigation and fiduciary risk management. He has lectured to the Chicago Bar Association, the Illinois Institute for Continuing Legal Education (IICLE), ALI-ABA, the Heckerling Institute, the American Bankers Association, Chicago Estate Planning Council and the Chicago Council on Planned Giving. Besides the numerous publications listed below, Mr. Brooks is the general editor of IICLE’s 2009 Handbook for Lawyers: Litigating Disputed Estates, Trusts, Guardianships and Charitable Bequests. He also authors a monthly e-mail newsletter for and serves on the Advisory Board to Trusts & Estates magazine.

Mr. Brooks' professional activities include membership in the Chicago Bar Association and the American College of Trust & Estate Counsel.

Mr. Brooks earned both his B.S. (business administration) and law degree (magna cum laude) from the University of Illinois. He is admitted to the bar in both Illinois and Florida and is admitted to practice before the U.S. District Court for the Northern District of Illinois. He represents individuals as well as banks and trust companies.

Samantha E. Weissbluth

Senior Counsel, Foley & Lardner LLP

Samantha E. Weissbluth is senior counsel at the Chicago office of Foley & Lardner LLP, concentrating her practice in the area of estate and trust litigation. Her practice encompasses all aspects of estate and trust litigation, including breach of fiduciary duty issues, judicial constructions of wills and trusts, will and trust contests, tax litigation, contested heirship, adoption and paternity issues, charitable pledge disputes, guardianship matters, estate planning malpractice, and wrongful-death actions. She also has significant experience in estate and trust administration and guardianship issues. She is a coauthor of two chapters in IICLE®’s ESTATE, TRUST, AND GUARDIANSHIP LITIGATION. She is also the editor of a quarterly Foley & Lardner LLP newsletter entitled Legal News: Estate and Trust Litigation. Ms. Weissbluth’s professional activities and affiliations include membership in the American, Illinois State, and Chicago Bar Associations and the Chicago Community Trust. She received both her B.A. and her J.D. from Northwestern University.