A Power of Attorney is among the most used of all estate planning documents. As such, there is a very good chance that you will execute, and/or be named as an Agent in, a Power of Attorney at some point. If so, it is imperative that you understand how the Agent’s ability to make gifts is treated in the document. To help you better understand, let's look into the ability to make gifts using a Power of Attorney. What Is a Power of Attorney? A power of attorney, or POA, is a legal document … [Read more...] about Can an Agent Make Gifts Using a Power of Attorney?
Powers of Attorney
You’ve, likely, heard the term, “power of attorney.” Powers of attorney are legal documents used to authorize someone else to act on your behalf, in some sort of legal situation. There are financial, health care, real estate, and business powers of attorney. Financial powers of attorney are often called, “General Durable Power of Attorney.” “General” means that the document covers a myriad of situations, mainly financial and personal business oriented. “Durable” means that the power of … [Read more...] about What’s a Power of Attorney?
Everyone knows that an estate plan can ensure your chosen beneficiaries receive the right inheritance. But did you know there are other benefits too? Here’s five things a good estate plan can for you. Protect Against Disability – No, your estate plan can’t prevent disability from striking but it can certainly ensure that you and your estate are protected if it happens. Using an Advanced Health Care Directive and General Durable Power of Attorney can ensure that your medical wishes are … [Read more...] about Five Lesser Known Benefits of Good Estate Planning
If you’re like most people, you’ve heard the term, “living will,” but have some questions about it. What is a living will? Why do I need one? Is it the same as a will? What’s it all matter anyway? In general, the term "living will" refers to a document in which a person can set forth his or her wishes relating to future medical care, in particular, end-of-life care. It is different than a Last Will and Testament wherein you set forth your instructions for your estate following your … [Read more...] about What’s a Living Will?
Incapacity planning is an estate planning need that is often overlooked. Many people assume that they will never have a medical emergency, so they decide not to plan ahead. Take a look at the following information, to better understand incapacity planning. If you have any questions, or if you’d like to discuss your planning options, contact an experienced and qualified estate planning attorney. Staying in Control with Incapacity Planning Incapacity planning makes it possible for you to … [Read more...] about What Will You Do Without Incapacity Planning?
The health and safety of our clients, staff, and friends of the law firm are top of mind amid concerns about the spread of the Coronavirus (COVID-19). As estate planning and elder law attorneys, our practice is dedicated to serving our most vulnerable citizens, including seniors, those who are ill, disabled, experiencing mental health challenges and children with special needs. The uncertainty around the pandemic has many people with immune system challenges concerned about exposure to the … [Read more...] about Our Available Services During COVID-19/Coronavirus Pandemic
Both parts of the title to this article are a myth. First, most people don’t have a will. In fact, it’s estimated that only about half of all Americans have a will; even though, all need one. Second, a will is not all that anyone needs. A will only handles a few matters and is only effective when you’re dead. There’s much more to estate planning than that. For example, a will almost guarantees probate, except for modest estates. Probate is expensive, especially in California. Probate … [Read more...] about MYTH: Most People Have a Will and that’s All They Need
If you become incapacitated at any point in your life, who will manage your finances? You may think that you know the answer to that questions, but from a legal perspective you may not. Incapacity can happen slowly as part of the natural aging process or can happen in a moment as the result of the tragic accident. Regardless of how you become incapacitated, someone will have to manage your finances. If you are married at the time you become incapacitated, your spouse may have access to some … [Read more...] about Who Will Manage Your Finances If You Become Incapacitated?
Before the onset of the Covid-19 pandemic, many of our clients were already assisting elderly or disabled family member and friends with such things as meals, medications, medical visits and shopping. Regular visits just to check in were also part of many folks’ normal routines. COVID-19 restrictions have had a large negative impact on many of these activities. So, how can you continue to assist under these new circumstances? Here are a few thoughts: Medical Issues Under a federal … [Read more...] about Assisting Family and Friends During These Trying Times
A power of attorney, or POA, is a legal document that has been around in varying forms for centuries. The concept, or purpose, behind a power of attorney is the ability to give another person the legal authority to act on your behalf. The extent and the duration of the authority depends on the type of POA that you execute. Although POAs are widely used by people of all ages, they are particularly popular with the elderly. Unfortunately, they are also widely used by people who want to take … [Read more...] about Basics of Powers of Attorney