Power of Attorney

Is Your Client’s Estate Plan Incapacity Proof?

Posted by Robert L. Arone For most people, it is perfectly natural to think about estate planning only in terms of planning for death. While it is certainly important for clients to make a plan for their eventual death, if that is all they plan for, their planning will be woefully inadequate. As medical knowledge and technology have improved over the decades, so too has modern medicine’s ability to keep people alive for much longer. It is no accident that in many areas of the country, long-term care facilities such as assisted living centers and nursing homes are being built at record pace.[1] At first blush, staying alive longer would seem to be a good thing. And for many people, it is. However, simply living longer does not necessarily result in ideal circumstances. Longevity coupled with incapacity can be extremely challenging if a client has failed to make arrangements for

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Planning for Millennials

Posted by Robert L. Arone Millennials (born 1981 to 1996) are well known for their distinctiveness as a group. They have followed paths and set goals that are decidedly different from those chosen by previous generations. They are highly diverse, better educated, more socially conscious, and wait longer to have families than their parents and grandparents. But one thing millennials have in common with other generational groups is the need for estate planning. Unfortunately, a startling 79% of millennials do not have basic estate plans in place. Their needs and goals may vary, but having an estate plan in place is crucial for every adult, including millennials. Whether your clients are young or old, they do not know what the future holds, and together, we can help them put plans in place that not only provide for their own future needs but also those of their loved ones. Will and/or

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Conservators, guardianship, and durable powers of attorney

Conservators, guardianship, and durable powers of attorney – what are the differences, which ones do I need, and why should I care? Each of these tools allows a person to make decisions for another individual whom may or may not be able to make decisions for themselves. Conservator A conservator is a person appointed by a Court to control the financial and personal affairs of an adult who can not adequately do so for themselves. An adult may voluntarily allow someone to act as conservator. In the alternative, a conservator may be appointed by the court if an incapacitated adult cannot or refuses to agree. The court may designate a relative or friend to act as conservator, but in cases of family strife or in the absence of a suitable person, a disinterested party like an attorney or social worker may be appointed. Guardian In some jurisdictions, conservators are called

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