Durable Power of Attorney: A Durable Power of Attorney is a legal document in which you appoint an agent to assist you with handling your financial affairs and to make financial decisions on your behalf during your lifetime, either for convenience or in the event you become incompetent or disabled. A Durable Power of Attorney can help avoid the necessity of a costly and protracted guardianship proceeding. A Durable Power of Attorney remains in full effect throughout your lifetime and terminates only upon your death or revocation.

Why do you need a Power of Attorney? (more…)

Tags: durable power of attorney, poa, power of attorney

Issues to Consider When Evaluating the Need for a New or Revised Will / Estate Planning Documents

As spring rolls around and we get ready for warmer weather, our thoughts turn to spring cleaning. Take this time to clean up your current estate planning documents and determine if they need to be revised. It is suggested that your estate planning documents be reviewed every five years to make sure they still comply with your wishes. If any of the categories listed below apply to you, it may be a good idea to embrace the season and make the necessary changes to your Last Will and Testament, Living Will/Health Care Proxy or Power of Attorney documents. (more…)

Tags: credit shelter trust, disclaimer trust, guardianship, health care proxy, last will and testament, living will, power of attorney, supplemental needs trust, will

Linda Grear discusses important Estate Planning Documents.  She goes into detail about why you should prepare Last Will and Testament, Power of Attorney, and Health Care Directive.

Tags: Estate Planning, Health Care Directive, health care proxy, last will and testament, power of attorney

A Power of Attorney is an important document that allows you (“the principal”) to appoint an agent to make decisions concerning your legal and financial matters in the event you are unable to do so for yourself. If you have not executed a Power of Attorney document and you become incapacitated, a guardianship court proceeding will be required to authorize someone to make legal decisions on your behalf. A guardianship proceeding can take several months and cost several thousand dollars to complete. The good news is that creation of a valid Power of Attorney can avoid the necessity of a guardianship proceeding. As such, the execution of a Power of Attorney document is a very important estate planning tool. (more…)

Tags: chapter 644 of the laws of 2008, general obligations law, health care proxy, health insurance portability and accountability act, hipaa, power of attorney

EVALUATING THE NEED FOR NEW OR REVISED ESTATE PLANNING DOCUMENTS

Given the current state of the world economy and recent local events, many of our clients have expressed a desire get their financial and household business matters in order. There are three basic estate planning documents that all individuals should consider when planning and organizing a life plan strategy, although the specific content of those documents will differ by personal circumstances. (more…)

Tags: credit shelter trust, disclaimer trust, Estate Planning, guardian, health care proxy, last will and testament, life plan strategy, living will, power of attorney