Power of Attorney

As a single individual, you may feel overwhelmed when you think about who will step in and make decisions for you if you cannot make decisions for yourself and who will receive your money and property when you die. You may consider your parents or siblings, but depending on whether they are living and the nature of your relationship, they may not be an option. Having an estate plan is important to ensure that your wishes are carried out during your life and after your death. If such worries are preventing you from completing your estate plan, we are here to help you.

Even if you do not listen to pop music, it has been hard to ignore the recent news about Britney Spears and the #FreeBritney movement trending on social media. What is this movement all about? And why should average Americans care?

In 2008, pop singer and superstar performer Britney Spears had a widely publicized emotional and mental breakdown leading to a series of bizarre and erratic behaviors. As a result, her family sought a conservatorship through the court system to protect Britney and her minor children from her poor financial and healthcare decisions.^[1] The judge who heard the case agreed that a conservatorship was necessary to protect her and her children from harm and appointed a legal fiduciary (called a conservator in California) to manage Britney’s legal, financial, and even medical affairs.

If you were to ask attorneys across the country how often they get phone calls like the following, the answer (“Very frequently”) may surprise you. The phone call might go something like this: “Hi, this is John Jones. My dad, Bill Jones, passed away recently and we have torn the house apart looking for his estate planning documents. But despite our best efforts, we can’t find his will or trust anywhere! I know he did an estate plan with your office a few years ago, but we are at a total loss trying to find the original documents. Please tell me that you have the originals stored at your office?”

Although some attorneys make it their standard practice to retain and store a client’s original will for safekeeping as a service, that trend is becoming increasingly rare. As more law offices make efforts to “go green” by storing only digital copies of legal documents, they are giving their clients the responsibility of keeping their original documents safe.

 So what happens when the bank, title company, or court requests your original legal documents, and no one can find them?

In honor of Teacher Appreciation Week, the first week of May, we are taking this opportunity to thank you for your time and dedication to teaching the future generation. You provide the foundational knowledge necessary to ensure the success of tomorrow’s leaders. We are here to make sure you have the foundational estate planning documents to ensure your own successful future. Below are some basic questions and answers about estate planning and how estate planning, or the absence of an estate plan, may impact your life.

Estate planning is essential for everyone, but it is especially important if you and your partner are in a long-term committed relationship and are not married. Unless you plan properly, your partner will not receive any of your money or property when you pass away and will be unable to care for you when you most need it. Instead of your partner, your family members will be in charge of your financial and medical decisions and will receive your money and property upon your death. To ensure that you give money, property, and decision-making authority to those you want to have them, your estate planning tool kit must be properly stocked. In particular there are seven important documents you should consider when discussing your plans with an experienced estate planning attorney.
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Approximately 600,000 people go missing in the United States each year.^[1] The loved ones who are left behind must carry not only heavy emotional burdens but significant practical burdens too. People who go missing often leave behind real estate and personal property, debts and ongoing bills, insurance premium payments, employment or business concerns, pets, family support obligations, and more. But if someone is missing, and it is uncertain when or if they will ever return, these practical issues must be addressed at some point to prevent them from becoming even more burdensome in the future.
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With our society becoming increasingly mobile and international travel becoming more affordable than ever before, families and family-like relationships have steadily grown far more diverse in terms of citizenship. It is no longer uncommon for spouses from different countries to retain citizenship in their native countries. Many couples split their time between the United States and another country to be near their families and enjoy the many benefits of such a lifestyle. In addition, it is not uncommon for a couple’s children or other loved ones to move away from their country of origin and take up permanent residence abroad, or even renounce their home country citizenship, depending on their choices of careers or domestic partners or other considerations.

Diversity of citizenship among friends and family also creates a fair share of complications.
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Deeper Dive into Advance Healthcare Directives

When it comes to your healthcare, especially during these uncertain times, you need to ensure that two estate planning documents in particular are up to date. The first is your healthcare power of attorney. This document allows you to name a person to make medical decisions on your behalf or communicate your wishes in the event you are unable to. The second document your estate plan should include is an advance healthcare directive, sometimes referred to as a living will. (It’s important to note that in some states, these two documents are combined into a single document.
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