Saturday, August 15, 2009

DO YOUR ESTATE PLANNING NOW

Many times, I have received calls such as the following: "We have a medical emergency: X is going into surgery tomorrow morning and we don't know if X will come out alive. We need a will." DON'T WAIT UNTIL THE LAST MINUTE. Estate Planning is not something to put off and it doesn't have to be permanent. Hope for the best but be prepared for the worst. Wills, Powers of Attorney, Proxy's, etc. can always be changed - irrevocable trusts are another creature. But for most people, here are the basic tools you want to have at any age:
1. Will.
2. Power of Attorney (remember law changes on September 1)
3. Health Care Proxy (Living Will is not necessary but an option)
4. Designation Of Remains
5. Standby Guardian Designation (when minor children or special needs individuals are involved)
Of course, certain individuals who are elderly, have children or family with special needs, estate tax or asset issues, etc. may want to consider irrevocable and/or revocable trusts and medicaid/medicare, etc. planning. Most of these can be prepared by your regular attorney if you have one, but of course, you would also want to consider consulting with attorneys in other states where you have property located, a Tax lawyer, an accountant, you family and even a social worker and/or a separate Elder Law attorney to discuss the effects your estate plan would have on eligibility for senior benefits, etc.

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