Probate, Wills, & Trusts
No one likes to think about being incapacitated or dying. Many avoid taking care of a will or Power of Attorney because it forces them to think about the possibilities and sometimes have difficult conversations. However, ignoring this area until it is too late causes unnecessary angst for those dealing with the emotional issues of your disability or passing. We encourage everyone to look out for your family by considering a General Power of Attorney, Healthcare Power of Attorney, Living Will and possibly a Trust. These do not have to be incredibly complicated documents, but they should be overseen by someone trained in this area. The attorneys at Brush & Lanning are prepared to explain, discuss and prepare all of these documents that will allow your family to be prepared for any emergency and give you and your loved ones more peace of mind.
This document appoints an individual to act on your behalf and
handle your affairs if you become disabled or are just not available
to act on your own.
If you are unable to make your own medical decisions, whether permanently or temporarily, a Healthcare Power of Attorney allows your designated representative to talk with your doctors and follow through on your wishes. It is advised to have an executed document stating your wishes and appointing someone to make sure your wishes are honored prior to any healthcare situation that prevents you from communicating for yourself. You also need to make others aware of this document, and make sure the person you appoint is aware of their responsibilities so that they can act for you if ever needed.
The definition of this document is actually contrary to what it is called. A Living Will accomplishes two things: It allows you to direct that you will not be kept alive by artificial means, specifically spelling out such situations, and it makes your wishes known to loved ones so that they are not left making decisions without knowledge of what you would want.
You don’t have to be wealthy to need a will. A will directs the disposition of your assets and doesn’t leave anything to chance. It also provides direction for the care of children and other legal matters. Do you have special bequest, minor children or children by a previous marriage? These and many other questions that only your attorney will know to ask need to be answered. There also are requirements that must be satisfied and explained by your attorney.
Upon your death, your will must be filed and administered in Probate Court in order to determine your heirs and administer any debts that you may have left. During this emotional time, your family will find comfort knowing that your Personal Representative is ready to help and can also help to ease some of the stress and worry your family will be enduring.