What is Estate and Personal Planning? Estate planning is the arrangements that you make for after you die. Personal Planning is the making of arrangements you make for while you are still living but are unable or incapable of acting or making decisions on your own behalf.
Having a legal Will, a Power of Attorney, a Representation Agreement, and an Advanced Directive sets out your wishes should you become infirm or die, and provides your loved ones with written instructions on how to take care of you and your estate.
I can provide you with the guidance and care needed to document your wishes and needs for while you are alive and after your death. Give me a call to make an appointment and we can discuss your needs.
Everybody has an estate. Whether it be real estate, bank accounts, investments, life insurance, or your personal possessions and valuables, everybody should have a plan for that estate. In order that your wishes are fulfilled upon your death, a Will must be made. Without a Will, the courts will determine who will administer your estate and the law will dictate who is entitled to your assets. If you have infant children, the decision as to who cares for them is up to the courts. By making a Will, you are in control as to what happens to your estate and who administers that estate when you die.
Some people may ask why they need a Will if they have no assets. Who knows what the future holds - you may win the lottery tomorrow or acquire valuable assets later on in life. Plan for those possibilities by making a Will.
A Power of Attorney is a legal document that appoints at least one person or corporation to look after your legal and financial affairs for you while you are alive. You can choose almost anyone to be your Attorney, but it must be someone that you can really trust as that person will be authorized by you to do anything with your finances or real estate that you can do yourself.
It must be noted that a Power of Attorney cannot be used to make decisions regarding your health care – that would require a Representation Agreement.
A Representation Agreement is a document that allows you to authorize someone to help you manage your routine financial affairs and, when necessary, to make decisions on your behalf in case of illness, injury, or disability. Creating a Representation Agreement avoids the need for the court to appoint someone to make those decisions for you when you are incapable of making decisions independently.
Note that a Representation Agreement does not give your Representative the power to deal with real estate, among other things – that would require a Power of Attorney.
An Advance Directive is essentially a Living Will. It is a document that will inform your health care provider with your wishes regarding life sustaining measures such as CPR. Do you want to die peacefully and naturally, or do you want your life sustained with IV’s and feeding tubes? An Advance Directive informs others of your wishes so they may make informed decisions regarding your healthcare.
