OF YOUR WILLS/TRUST/POA
Do you have a plan for your estate if something happens to you? Take trustworthy advice from StrongPoint Law so that your family remains protected after you are gone. Our estate planning attorneys can help with a full range of estate planning or elder law needs including plan documents (Wills, Revocable and Irrevocable Trusts, Life Insurance Trusts, Guardianships, etc.), maintaining your plan, probate avoidance and disputes, tax planning, charitable planning, asset protection, family and business succession planning, and elder law.
MAKING A WILL
The purpose of a will is to ensure that your assets and finances are handled as per your wish after you’re gone. A will is written proof to establish how to divide physical and monetary assets based on your predetermined instructions. At StrongPoint Law we work to help you think about your children, future events and making sure your loved ones have the best documentation to execute your wishes should anything happen.
POWER OF ATTORNEY
Selecting a Power of Attorney (POA) is common practice when making estate plans, writing wills, trusts, etc. There are four different types of POAs and each hold different purposes. StrongPoint Law will work you to decide which option best suits your situation and will correctly take care of your needs.
General/Durable Power of Attorney
A general power of attorney gives broad powers to a person or organization (known as an agent or attorney-in-fact) to act on your behalf. These powers include handling financial and business transactions, buying life insurance, settling claims, operating business interests, making gifts, and employing professional help.
General power of attorney is an effective tool if you will be out of the country and need someone to handle certain matters, or when you are physically or mentally incapable of managing your affairs. A general power of attorney is often included in an estate plan to make sure someone can handle financial matters.
Special Power of Attorney
You can specify exactly what powers an agent may exercise by signing a special power of attorney. This is often used when one cannot handle certain affairs due to other commitments or health reasons. Selling property (personal and real), managing real estate, collecting debts, and handling business transactions are some of the common matters specified in a special power of attorney document.
Health Care Power of Attorney
A health care power of attorney grants your agent authority to make medical decisions for you if you are unconscious, mentally incompetent, or otherwise unable to make decisions on your own. While not the same thing as a living will, many states allow you to include your preference about being kept on life support. Some states will allow you to combine parts of the health care POA and living will into an advanced health care directive.
Durable Power of Attorney
Suppose you become mentally incompetent due to illness or accident while you have a power of attorney in effect. Will the document remain valid? To safeguard against any problems, you can sign a durable power of attorney. This is simply a general, special, or health care POA that has a durability provision to keep the current power of attorney in effect.
You might also sign a durable power of attorney to prepare for the possibility that you may become mentally incompetent due to illness or injury. Specify in the power of attorney that it cannot go into effect until a doctor certifies you as mentally incompetent. You may name a specific doctor who you wish to determine your competency or require that two licensed physicians agree on your mental state.
LIVING WILL (PURSUANT TO FAITH)
A medical directive is a written, advanced directive for your medical care, giving you control over your medical care in situations where you may become disabled. It allows the person appointed by you to make decisions on your behalf.
Your advance directive will only come into effect when it is determined that you cannot make these decisions for yourself.
Safeguard the interests of your family for years to come with a properly written trust. A revocable living trust combines features of a will and power of attorney to ensure you have full control over your property even if you’re disabled. Your StongPoint Law representative will make sure you have the ability to execute your plans in the way you have designated.
Upon death, the trust can give necessary instructions for the passing of your property and help avoid any probate concerns. Your StrongPoint attorney will help you with every detail, so you can be worry-free for how your estate is divided upon passing.
Additional Trust Options:
- Minors: to designate who will be granted guardianship should both parents be unable to care for the children or in an untimely accident.
- Disabled Persons: created by a parent, grandparent, guardian, or court for an individual who is incapable of administering their own property or managing their own affairs
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