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WILLS/TRUSTS
I provide comprehensive estate planning services to ensure your goals for your assets, when you pass, are met. At a minimum, you should have: (i) a will; (ii) financial and health care powers of attorney authorizing "agents" you know and trust to take care of your financial matters and make your health care decisions when you are unable to do so yourself; (iii) a health care directive for decisions concerning treatment when you cannot make or communicate your own wishes; (iv) a legal authorization that allows a loved one or friend to access your medical information; and, possibly, (v) a trust (based on your situation) to manage, protect and eventually distribute your assets.
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Directive to PhysiciansA Medical Power of Attorney does not contain the necessary language for end-of-life treatment. The Directive to Physicians allows you to leave instructions regarding treatment in the event of a terminal or irreversible condition.
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Simple WillA Will that leaves the person's entire estate to another person (i.e., their spouse) or to several people (i.e., their children) equally, without a trust. Wording such as “to my spouse or if my spouse fails to survive me to my children, equally” is a Simple Will.
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TrustsA trust is a legal entity with at least three parties: the creator of the trust, the trustee, and the beneficiary. Circumstances dictate whether, in your case, there may be advantages to establishing a trust. A trust can help streamline administration of your estate should you become incapacitated and upon your death, a trust can streamline the administration of your estate and keep your plans private in the process. Some irrevocable trusts may protect trust assets from creditors.
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Medical Power of AttorneyAlthough you can make it effective immediately, it most often becomes effective if you are incapacitated. This is the document wherein you nominate another person to make medical decisions on your behalf when/if you are no longer able to do so. The named person will collaborate with your physician to decide on the best course of treatment.
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Permission to Access Personal Medical InformationThis document, known as a HIPAA Release, should be right on top of or specifically incorporated within your health care directive. It is your authorization for named persons to view your medical records and discuss your care with medical providers. Without this document or specific authorization, there is the possibility your doctor may not to speak to the persons you want to make those tough decisions about your care if you are in an unresponsive state.
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Financial Power of AttorneyAlthough you can make it effective immediately, it most often becomes effective when you become incapacitated. It is a plan for management of your financial affairs whereby you designate the person you would like to function as your agent in financial matters. For example, this person would be able to manage your accounts and pay your bills.
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