Will Power of Attorney

Do you, like many other Baby Boomers, now find yourself caring for aging parents or other older relatives or friends who have health problems, disabilities, or the need for assistance with daily tasks such as bathing, dressing, and eating? If so, you are part of one fourth of American families who are caring for an older family member, an adult child with disabilities, or a friend. According to the AARP, you are one of more than 22.4 million Americans who are now caregivers to older adults, a number that has tripled in the last 10 years alone. The average amount of time these Americans spend on caregiving is about 20 hours per week with many of these hours spent in physically demanding work. With the life spans raising over the past century from 49 -77, some children are actually caring for invalid parents 20 years, longer than the parents spent raising them.

I would like to ask you a question? How is your own personal health? One third of caregivers describe their personal health as fair to poor, and many worry that they won’t outlive the person for whom they are caring. As you and other caregivers struggle to balance caregiving with other responsibilities, including full-time jobs and caring for children, constant stress can lead to "burnout" and health problems. You may feel guilty, frustrated, and angry from time to time, suffer from depression, and become ill easily yourself. Caring for even the most beloved parents can seem like a burden when your own health collapses from endless hours of caring for their needs.

For example, caring for a parent with Alzheimer’s disease (AD) or other kinds of dementia at home can be overwhelming. The caregiver must cope with declining abilities and difficult behaviors that affect even basic activities of daily living and often become hard to manage for both the care receiver and the caregiver. As the disease worsens, the care receiver usually needs 24-hour care.

In addition to the constant care required, caregivers of parents with this type of problem also suffer from the emotional pain of losing communication with parents who no longer recognize them. To sustain this, and other types of prolonged stress and care, you need to call upon other family members, friends, and neighbors for help. If other caregivers aren’t available to fill in, respite care services may be available in the community to help you. Respite care can be a good way for you to get a break (respite) from constant caregiving.

Some caregivers are still raising their own children and feel torn between the needs of their children and the needs of their parents. In fact, in this day of small families, many Americans may have more parents than children. They also feel torn between their own needs for work, vacations, privacy, hobbies, or friends and feelings of guilt, resentment, or even depression or martyrdom. Both aging parents and caregiver children lose independence and privacy. Even the most congenial relationships can suffer from these loses.

Here are some recommendations to help you take care of your own health:

Eat a healthy diet and drink plenty of water. Avoid sugars, fats, and salt. Include plenty of fresh fruits and vegetables. Follow the guidelines of the government’s food pyramid for proper amounts and food types to include in your daily menu. Take a good multivitamin for extra protection.

Get plenty of rest and sleep, even if you have to enlist help to care for your parents while you rest. Spend some time unwinding and relaxing during the day as well.

Get regular, healthy exercise at least three days a week. Regular exercise not only reduces stress and improves health, but also produces endorphins, which add to a good feeling mood.

Keep your own health care up to date, including yearly checkups. If you experience negative feelings, get counseling from doctor or therapist, or share your feelings with good friends.

Speaking of friends, keep your social life active in order to stay connected with your community and to give an outlet for stress. Seek comfort and support in your faith-based group as well.

Remember you are not alone. Seek support groups for caregivers, especially if you are caring for a loved one with a disease. Look online for government or state supported groups and help departments. Find community support groups.

Make arrangements for your own vacations and retreats, for regrouping and refreshing yourself, your spouse, and your own children. Remember, you are not the only one affected by your live-in parent situation. Your entire family experiences changes and stresses along with you. Arrange for someone to stay with your parent and spend some time as a family away from home and those extra responsibilities.

Remind yourself of the care that your parent lavished on you as a child and how you felt about that parent then. Often, we get so busy that we forget how much we really love our parents, especially in the throes of caring for them. Try to revisit happier days with them and remind both them and yourself of those times. Bring out family pictures and relive happy days together.

If you are a caregiver, remember to care for your own health as well as that of your loved one. Seek comfort, help, time to refresh yourself, and regular exercise to ensure that you will remain able to give that care and still maintain your personal wellness.

Copyright 2006 Dr. Eileen Silva By: Eileen Silva 

Article Directory: http://www.articledashboard.com Eileen Silva, Ph.D., N.D. is a metabolic health balancing expert, talk show guest, and lecturer. Dr. Silva is also an individual, group, and corporate weight management consultant. Contact Dr. Silva at www.dreileensilva.com  

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(Trusts Video part 1)

However, assets from a trust can be used to provide for the well being of your loved one without disqualifying them from receiving governmental benefits.

The first step in setting up a trust for your loved one is choosing a trustee. This may be the most difficult issue for a grantor to decide on, and therefore all options should be discussed thoroughly with an attorney.

Most people naturally look to family members when choosing a trustee. However, the individual responsible for a special needs trust has the additional responsibility of planning distributions so that the beneficiary does not lose eligibility for public benefits. Family members may or may not have the necessary skill, time and selflessness to serve as trustee. Therefore, depending on the individual situation, consideration of a professional trustee may be appropriate.

Working through the types of trusts available for your loved one.

In many discussions of trusts, the terms ’special needs’ and ’supplemental needs’ are used interchangeably. However, New York state law distinguishes between the two, with a special needs trust being a trust set up for a disabled person with their own assets, and a supplemental needs trust being set up by a third party such as a parent or other family member.

Beyond this distinction, supplemental needs trusts can be divided into three categories.

Third party supplemental needs trusts.

Third party trusts can be established for a person of any age by a parent, family member or friend. This type of trust is a "discretionary" trust established for the benefit of a person with special needs whose disability establishes a long-term need for care. Since it is discretionary, the trustee must be careful how the money from the trust is spent. Upon the beneficiary’s death, any remaining assets will be distributed according to the trust agreement. The government will not have the right to recover anything from the trust.

First party supplemental needs trusts.

This type of trust is also known as a ‘pay-back’ trust, because upon the beneficiary’s death, the remaining funds in the trust can be used by the state to pay back any Medicaid benefits accrued during their lifetime. A disabled person under the age of 65 can establish a first party trust, and they may their own funds without jeopardizing eligibility for benefit programs.

Pooled trusts created by a non-profit association.

Pooled trusts pool the resources of many beneficiaries. A non-profit association then manages the resources. Pooled trusts are significant because they may be established for people of any age. Also, a pooled trust may be established not only by a parent, grandparent, guardian or court, but also by the special needs individual.

The choice of trust, trustee and manner in which funds from a trust should be distributed is complicated, but working through the issues with an attorney will guarantee your loved one will be well cared for.

By: Bernard Krooks

Article Directory: http://www.articledashboard.com Bernard Krooks is a New York Elder Law and New York Estate Planning lawyer with offices in White Plains, Fishkill, and New York, New York. To learn more, visit www.littmankrooks.com.

(Trusts Video part 2)

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There are many cases in which granting financial power of attorney to a trusted individual, known in New York as an attorney-in-fact, is helpful. If you become injured or ill or are for any reason unable to handle your finances, your attorney-in-fact has the power to act on your behalf. This individual can, for example pay bills, access bank accounts to make deposits, supervise investments, collect insurance or government benefits, and take care of any other money matters on your behalf. Without a document naming your agent, your family will have to go to court to be granted the ability to take charge of your financial affairs.

The person who you name as your attorney-in-fact does not have to be a lawyer. They must only be a competent adult. In fact, when choosing a person to act on your behalf, the most important characteristics to look for are trustworthiness, organizational and management skills and good common sense. You have complete control over your durable power of attorney document as long as you are still mentally competent, and may revoke the document at any time.

In New York, you have the ability to specify when you want your financialI power of attorney to take effect. You may draft the document so that it goes into effect as soon as you sign it, or you may choose to make your power of attorney take effect only when a doctor has declared that you are incapacitated. Remember, you must specify that you want your financial power of attorney to be ‘durable’ or it will end as soon as you become incapacitated, thus undermining your planning and ability to have an individual of your choice managing your finances.

A durable power of attorney document stays in effect only during your lifetime, ending automatically at your death. Therefore, it is important to remember to name executors of your Will and trusts, beneficiaries, and guardians who will care or your assets and loved ones after you are gone. It is also a good idea to name alternate attorneys-in-fact in case the person you named is unable to perform their duties.

Planning for the management of your affairs both during your lifetime and after your death are both important aspects of estate planning. Such planning will help you loved ones by reducing the stress and cost of handling your affairs not matter what unexpected circumstances may occur.

By: Bernard Krooks

Article Directory: http://www.articledashboard.com Bernard Krooks is a New York Elder Law and New York Estate Planning lawyer with offices in White Plains, Fishkill, and New York, New York. To learn more, visit www.littmankrooks.com.

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I recently wrote about the absolute need for a Medical Directive granting the ‘exclusive power’ to your Agent for the purpose of communicating your healthcare wishes and to instruct those in charge of your medical care and to respond to the actual facts and variables known when an actual healthcare decision needs to be made. Your Medical Directive becomes effective, when:

1. You cannot communicate your own wishes for your medical care:

A. Orally,
B. In writing, or
C. Through gestures, and

2. You are diagnosed to be close to death from a terminal condition, or to be permanently comatose, and

3. The medical personnel attending to your care are notified of your written directions.

WHAT IS A FINANCIAL DIRECTIVE?

To summarize, a ‘Medical’ Directive is a legal Instrument addressing the issue(s) of your healthcare and a ‘Financial’ Directive is legal financial Instrument that empowers your Agent over all your financial matters and to exercise or perform any act under a recognized ‘Principal / Agent’ relationship, with power, duty or right of any obligation whatsoever over everything that you now presently have or may thereafter acquire in the future, relating to any person, matter, transaction or property, real or personal, tangible or intangible, now owned by you or thereafter acquired by you, including, without limitation, general powers and specifically enumerated powers as to each possible event or circumstances.

In order for your Financial Directive to be legally binding on all third parties, the third parties so notified of your Principal/Agent relationship, your instrument must be in writing, properly witnessed or notarized with power to indemnify all those who accepted it in good faith.

Your Financial Directive should grant your Agent full power and authority to do everything necessary in exercising any of the powers as fully as you might or you could do if you were personally present, with full power of substitution or revocation, ratifying and confirming all that your Agent may lawfully do or cause to be done by virtue of your Financial Directive.

ESSENTIAL ESTATE TAX PLANNING: THE FINANCIAL DIRECTIVE

A Financial Directive should be part of your estate tax planning.

Your Financial Directive Instrument should address the following general powers and specifically enumerate those powers as to each possible event or circumstance:

1. Demand, receive, and obtain by litigation or otherwise, money or other thing of value to which the Principal is, may become, or claims to be entitled, and conserve, invest, disburse, or use anything so received for the purposes intended.

2. Contract in any manner with any person, on terms agreeable to the Agent, to accomplish a purpose of a transaction, and perform, rescind, reform, release, or modify the contract or another contract made by or on behalf of the Principal.

3. Execute, acknowledge, seal, and deliver a deed, revocation, mortgage, lease, notice, check, release, or other instrument the Agent considers desirable to accomplish a purpose of a transaction.

4. Prosecute, defend, submit to arbitration, settle, and propose or accept a compromise with respect to a claim existing in favor of or against the Principal or intervene in litigation relating to the claim.

5. Seek on the Principal’s behalf the assistance of a court to carry out an act authorized by your Financial Directive Instrument.

6. Engage, compensate, and discharge an attorney, accountant, expert witness, or other assistant as it becomes necessary or relevant to principal objective(s).

7. Keep appropriate records of each transaction, including an accounting of receipts and disbursements.

8. Prepare, execute, and file a record, report, or other document the Agent considers desirable to safeguard or promote the Principal’ s interest under a government statute or governmental regulation.

9. Reimburse the Agent for expenditures properly made by the Agent in exercising the powers granted by this Instrument.

10. In general, do any other lawful act with respect to the subject at hand.

WHEN DOES YOUR FINANCIAL DIRECTIVE BECOME EFFECTIVE?

Your Financial Directive becomes effective when you are considered disabled or incapacitated.

For purposes of your Financial Directive Instrument, "disabled or incapacitated" means when a physician certifies in writing at a date later than the date of your Instrument was executed that, based on your physician’s medical examination of you, your doctor declares you mentally incapable of managing your financial affairs.

Your Financial Directive should have a paragraph to ‘legally authorize your/the physician’ who examines you to disclose your physical or mental condition to another person for validation. You may even authorize a second physician for a second opinion. Subsequent to this verification and disclosure of your incapacitated condition, a third party that accepts your Financial Directive is fully protected from any action taken.

FINANCIAL DIRECTIVE COMPARED TO GENERAL POWER OF ATTORNEY

I am reminded of cases where the spouse is precluded to sit in important business meetings of which her temporarily incapacitated husband was a member, and decisions were being made affecting her husband’s interest in the business. While a general power of attorney may have been sufficient, but more likely would have required further court action. The Financial Directive is a significantly stronger Instrument then a general power of attorney, and would have specifically addressed issues concerning the spouse’s ability to sit and vote with the Agent, in decisions affecting the business, and more specifically her ownership interest in the business, with ability to bring in professional assistance to consult with her on such important matters.

CAUTIONARY PROVISIONS WITHIN YOUR FINANCIAL DIRECTIVE YOU WOULD NOT WANT YOUR AGENT TO HAVE

While we have enumerated the specifics of the powers to your Agent, there are some powers you would not want your Agent to have:

1. Your Agent cannot execute a will or codicil on your behalf.

2. Your Agent cannot execute any trust on your behalf; however, your Agent can enter into a custodial agreement with another ‘independent’ individual or bank with trust powers.

3. Your Agent cannot divert your assets to himself [or herself], his [or her] creditors or his [or her] estate.

4. Your Agent shall not exercise, and shall not be vested with any incidents of ownership as to insurance policies insuring your life and shall have no power and no authority over life insurance policies you may own on your Agent’s life.

5. Your Agent is your FIDUCIARY, possessing no general or limited power of appointment.

6. Your Agent shall not exercise any powers which you received from your Agent in a fiduciary capacity, and your Agent shall have no authority to exercise any powers, the exercise of which would cause any of your assets to be considered as taxable in your Agent’s estate for the purposes of the federal estate tax or the inheritance tax.

Your Agent shall have NO Power to void or modify any portion of your Financial Directive in any way whatsoever. Only the Principal may revoke or amend by written notice to all parties and only by certified mail with return receipt.

By: Rocco Beatrice

Article Directory: http://www.articledashboard.comRocco Beatrice, CPA, MST, MBA, Award-winning trust & estate planning expert toll-free: 888-938-5872 Watch a FREE video on surefire ways to save time, reduce taxes legally, protect assets, secure privacy, preserve money & attain a successful, financial wealth-building roadmap. Click here: Asset Protection Irrevocable Trust, Medicaid Asset Protection,Financial Directive: Property

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Almost everything we do is affected by laws. There are so many laws that it would take a person with an average reading skill over a thousand years just to read the law book. As if we have nothing else to do with our lives but read laws. So what do we do when a legal situation arises? Do we handle it ourselves or do we call a lawyer who’s been trained in the legal field? For many people, the thought of calling a lawyer may be frightening. Sometimes they might not even know if they need a lawyer or how to even choose one, so they might avoid contacting a lawyer even when it is in their best interests to do so. However, do your homework before you hire a lawyer for yourself and/or your business. At the time when you are faced with serious legal or medical problems, you still need to make a good, informed decision about who will represent you. And it doesn’t have to be as hard or as costly as you may think to find a good lawyer. Provided below are some quick tips that can take the stress out of finding a lawyer .

Can I Represnt Myself?

You have the right to represent yourself. However, the law is extremely complex and changes frequently. Unless you dedicate 100% of your time into educating yourself with all of the laws and legal procedures relevant to your case, you stand a good chance of losing. You may very easily overlook a legal aspect affecting your case that may sometimes bring unanticipated legal consequences that can be difficult and expensive to undo. So, you need to weigh the risks and benefits of representing yourself vs. hiring a lawyer to represent your case.

When do I contact a lawyer?

When faced with a problem that you think it needs legal attention, you may wish to consult with a lawyer about your legal rights and responsibilities as soon as possible. Many states have deadlines for filing lawsuits especially for personal injuries. These so called "statute of limitations" laws are designed to encourage people to promptly come forward and present their case. But this doesn’t mean that you have to simply pick the first lawyer you bump into because you’re in a hurry, as you will learn from these tips.

How do I choose the "right" lawyer for me?

From a personal aspect, selecting a lawyer is always a personal matter. But, as with any service providers, the lawyer is just providing his/her service to his/her client. So, the lawyer-client relationship needs be based on trust and open and honest communication so the lawyer could provide the best of his/her service. It requires a mutual commitment from both the client and the lawyer. If the client is not cooperating fully, the lawyer could not provide the best of his/her service. At the same time, if the lawyer is not easily accessible and prompt in responding to your phone calls, emails, and requests, you’re going to get nothing but frustration. Hence, when choosing the "right" lawyer for your case you need to feel 100% comfortable when talking to that lawyer and feel confident in his or her abilities. If there’s even a single doubt, you need to keep looking. Your case is too important to entrust to someone who does not inspire your confidence.

From a professional aspect, people often believe that simply any lawyer could handle any case. This misleading confidence frequently works to the client’s disadvantage. No lawyer is skilled in every area of the law. So, to find the "right" lawyer for your case you need not to be shy about asking your prospective lawyer questions until you gain full confidence in his or her ability. Only then would you select that lawyer. Actually, while asking the questions, you’ll be able to observe the lawyer’s responsiveness and readiness to cooperate with you. Some of the most important questions you need to ask your prospective lawyer when going through the selection process are:

- What amount of experience do you have in this area of the law (the area of your legal need)?
- Will you or one of your associates handle my case? - if an associate handles your case, that’s the person you need to interview.
- How many cases like mine have you handled? - ask for specifics for each of the cases.
- Could you provide me with references from some or each of the cases? - make sure you call each of the clients to learn about their experience.

A responsible and a caring lawyer would have no problems providing you with answers. If the lawyer is giving you runarounds for each of the questions and not providing you with specific answers, you need to keep looking. Also, always check with your State Bar Association if that lawyer has been the subject of an ethical complaint or inquiry.

Where do I find a lawyer?

No matter where you look for a lawyer, always keep in mind the above tip for choosing the right lawyer for you. Nevertheless, here are a few places to look for a lawyer:

- Yellow Pages and Advertisements - When you open your local yellow pages doesn’t it seem like the doctors and the lawyers cover the half of the book with advertisements? It almost looks as if they’re the only ones having the money for full blown ad pages. Speaking of ads, unless you have a marketing/sales knowledge and experience, you would never know how advertisements work. The advertisements are developed to psychologically trigger your emotional senses and make you respond to the call of action of the ad. It’s a science of its own. So, you as an average consumer would have no idea which advertisement is telling the truth and which has the truth blown out of proportion. But, this is a very good place to at least get some names and phone numbers from local lawyers and start your selection process.

- Your Society Circle - Your family, friends, people you work with, people you talk to, people you know of … start asking around. This is one of your most reliable sources. You will have a chance to get the first hand experience. Someone who has been in a same or a similar situation could tell you about their experience (good or bad) with their lawyer. If their experience has been nothing but good, you have a half of your work done. And even if no one in your society circle could refer you to a lawyer, they might know of someone else from their society circle who might have been in a similar situation. Some of the most reliable referrals come from people you trust - fellow business owners, friends and family - who have used lawyers recently. Word of mouth from a satisfied customer generally is very reliable.

- Bar Associations - This is another reliable source. Your local attorney bar association may maintain an attorney referral service, which is a list of their members by specialty who will consult with you for free or at a special rate set by the bar association for the first conference. The Bar Association could also tell you if a lawyer has been a subject of an ethical complaint or inquiry from past clients.

- The Internet - Indeed the Internet. But, this is your least reliable source because everything could be put on the ‘net. However, just like with advertisements, you could use the Internet to at least get you a list of local lawyers practicing in your problem area so you could start the selection process. On the Internet, search for lawyer directories, such as Martindale.com; lawyer referral services, such as LegalMatch.com; people/business finding services, such as Anywho.com; and simply your favorite search engine.

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Disclaimer: The author and publisher of this article have done their best to give you useful, informative and accurate information. This article does not represent nor replace the legal advice you need to get from a lawyer, or other professional if the content of the article involves an issue you are facing. Laws vary from state-to-state and change from time-to-time. Always consult with a qualified professional before making any decisions about the issues described in this article. Thank you. By: bestinfo4you

Article Directory: http://www.articledashboard.comAbout the author: This article was produced by Attorney Resources and Information website. Please visit lawyer.bestinfo4you.com if you need to find a lawyer or if you need more information to help you with your attorney.

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Learn More About Minnesota Assisted Living Lawyer

An online directory of lawyers often proves the quickest and most effective means of getting in touch with Minnesota assisted living lawyer. One can choose the particular lawyer by simply searching through the presented sub sections. This ensures to find a specialized lawyer who is also nearby to their living area.

‘Assisted Living’ is a relatively new concept of modern age. It does not imply a ‘place’ for living but rather a concept. In a large city like Minnesota, assisted living has recently gained a huge importance. It includes a wide range of service packages and building types. Offering ample amount of different settings for assisted living, many agencies gives the consumer the choice to select the best. The most natural choice as their customers are elderly people, who are interested in living a simple and healthy life, but not in the environment of a nursing home.

Of course, even in Minnesota, one can see the increasing number of lawyers for assisted living. This is mainly due to a large number of populations, a substantial part of which is also elderly people and most of them are even rich! These people can easily afford the services offered by the assisted living.

As good as the concept is, a variety of mishaps are bound to happen either due to sheer number of people which benefit from these services or due to pure negligence from the part of service providers. The nursing home abuse is quite similar to the one they face in these assisted service apartments. Minnesota assisted living lawyers are just the right answer in such cases.

Minnesota assisted living lawyer can take care of many number of issues which include, but not limited to, cases of subsided apartment rentals, licensed foster care homes, board and lodge establishments and others.

Minnesota assisted living lawyer take care of almost all the issues related with assisted living and ensure that the claiming party gets a full compensation for the damage occurred. Minnesota attorney general has specified common consumer scams which are aimed at seniors. Assisted living lawyers in Minnesota take utmost care to adhere to these specifications and prepare their case accordingly. They even prepare themselves for settlement which saves a lot of time and energy of everyone involved in the case.

Minnesota assisted living lawyer are thorough professional but they also carry a compassionate heart and understanding attitude, which helps them connecting with the victims. This ensures that the lawyers also get maximum cooperation from the elderly who in turn makes the case more solid and manageable.

In Minnesota, nursing home abuse can happen in several different forms, each equally humiliating for the elderly. It can include dehydration from malnutrition, gangrene, and poor medical care, damage from falls, wrong medication and over-sedation. Subtle amount of abuse include lack of supervision, abandonment, coercion, theft and even sexual assault.

A Minnesota lawyer who specializes in nursing home abuse are thus very much required being in full understanding of the patient’s condition and changing their way of dealing with them, if necessary.

By: Ken Labores

Article Directory: http://www.articledashboard.comKen Labores is author of this article on Minnesota Nursing Home Lawyer. Find more information about Minnesota Assisted Living Lawyer here.

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A Living Will is a legal document addressing only deathbed considerations; a client unilaterally declares his/her desire that life-prolonging measures be discontinued when there is no hope of ultimate recovery.

On the other hand, people use a Durable Power of Attorney for Health Care to appoint someone to make all healthcare decisions, limited by certain elections regarding deathbed issues.

Sadly, such monumental decisions go unprepared when our elderly loved ones pass away before finishing a Living Will or Power of Attorney of any kind.

The client must be at least 18 years old and mentally competent at the time he/she executes either document but incompetent to participate in the decision-making process when either is implemented. It is worth noting that both documents are only applicable if the client is incompetent.

Under the a Living Will, a client declares that if he/she is certified to have an incurable, terminal injury/illness and/or to be permanently unconscious by two examining physicians (including the client’s attending physician), that artificial life-support systems be withheld or disconnected. The client may also elect to discontinue artificial nutrition and hydration (intravenous feeding) by so designating on the form. When an elderly person is at this stage their chart in the hospital or Nursing Home will reference the acronym "DNR" meaning Do Not Resuscitate. This advanced directive can save many seniors and their families much unneeded anguish and allow everyone to emotionally prepare for one’s passing away instead of taking care of legal details.

Under the Health Care Power of Attorney, the client makes three separate and independent elections authorizing the agent:

1. To direct disconnection of artificial life-support systems in the event of terminal illness;

2. To direct disconnection of artificial life-support systems in the event of irreversible coma; and

3. To direct discontinuation of artificial nutrition and hydration.
In addition, the Health Care Power of Attorney form provides a space for the client to set forth any specific medical, religious or other desires concerning his/her health care. The client may also use this section as a backup source for organ donation.

Both documents are signed in front of two witnesses and a notary public or a justice of the peace who acknowledges the client’s signature. The witnesses to a Living Will are sworn by the notary public/justice of the peace and indicate that the client is at least 18 years of age and signed the instrument as a free and voluntary act.

The Living Will witnesses may not be the client’s spouse, attending physician, heirs-at-law or person with claims against the client’s estate.
The Health Care Power of Attorney witnesses may not be the designated agent, the client, spouse or heir or person entitled to any portion of the client’s estate upon death under Will, Trust or operation of law.

Many times people are frequently confused as to why both a Living Will and Health Care Power of Attorney are necessary or appropriate. The Living Will is helpful as a backup document: In the event that the client enters an irreversible coma and the health care agents designated in the Health Care Power of Attorney are deceased or unloadable, the Living Will sets forth the desires of the client concerning his/her death-bed treatment which may be followed by attending physicians. The law provides that to the extent that a Durable Power of Attorney conflicts with a Living Will, the Health Care Power of Attorney controls. Copies of both the Durable Power of Attorney for Health Care and the Living Will are forwarded to the client’s primary care physician for inclusion in medical records.

Both documents are revocable through normal revocation procedures.
Upon entering a Nursing Home a Durable Power of Attorney for Healthcare will be asked for to then be included in the chart of the patient. This document, along with a Living Will are documents that are not asked for upon entering an Assisted Living community.

Preparation is the underlying thread here and families are much better off facing these difficult decisions now then attempting to make these decisions later.

By: Sebastien Prince

Article Directory: http://www.articledashboard.com Anita Barnum and Jennifer Button can be reached at: www.a-home-away-from-home-assisted-living-senior-community.com/

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Many people think that a Will is only for people who want to set up trustsor save on estate taxes. Those may indeed be important benefits for some people. The primary reason for making a Will, however, is to leave your property to those you care about in the manner and proportions you choose

If You Die Without a Will

If you die without a Will, the assets in your name in most instances will be distributed by a court-appointed administrator among your family members pursuant to a statutorily fixed priority. These rules, known as the ‘Distribution Rules of Intestacy’, reflect what the New York State Legislature decided would likely be preferable in most situations. For example, if you are survived by:

a spouse and descendants: your spouse takes the first $50,000 and one-half the balance of the property, and your descendants share the rest.
a spouse but no descendants: spouse takes all.
descendants, no spouse: descendants take all.
a parent or parents, no spouse, no descendants: your parent or parents take all.
descendants of either parent but none of the closer relatives: the descendants of your parents take all.
one or more grandparents or their descendants, but none of the closer relatives: half goes to the maternal side and half to the paternal (but not including second cousins if you have any first cousins on either side).
where ‘descendants’ include a mix of generations, living children take a full equal share, and children of predeceased children then divide equally the combined shares of their deceased parents.

This allocation may very well differ from the distribution you desire. A properly drafted Will can enable you to direct the distribution of your assets in accordance with your wishes.

A Will determines who will oversee the administration and distribution of your estate assets.

You name as the legal representative(s) (’Executor(s)’) of your estate who you want to administer and distribute your property. An Executor can be a relative, a friend, your lawyer or a bank or trust company that specializes in the handling of estates.

The choice of an   is yours only if you make a Will. You realize the value of having qualified people help with your affairs during life. Such people are just as valuable after you die.

What is the best way to make a Will?

How do you go about making a Will? Can you pick up some printed forms and fill them out in your own handwriting? Perhaps you’re interested in buying a book that tells you how to write your own Will. Can you download a form Will from the internet? These options are all available, but you very well might create a Will that is not the best Will for your personal plan. You might miss an essential element of a comprehensive estate plan or any number of opportunities to maximize the efficient distribution of your assets to your chosen beneficiaries. Moreover, you may not end up with a valid Will, as Wills have formalities of execution that are fixed by state law. An invalid Will can result in your assets being administered under the Distribution Rules of Intestacy. Securing the professional guidance of an attorney can resolve these issues.

Making the best plan and the best Will takes knowledge and expert advice.

Making the best plan and the best Will takes knowledge and expert advice. For example, do you know that property held jointly with another may not be distributed by Will? Or that life insurance may or may not be distributed by Will depending on who is named as a beneficiary? Or that the same can be said of individual retirement accounts, pension plans and other assets? Or that a spouse has a right to a car and certain other items, as well as to a large share of your property no matter what your will may direct? The best estate plan recognizes that your Will is only part of your total plan for the distribution of your property. To create the best Will and estate plan for you, make an appointment with your attorney to discuss drawing your Will as well as your over all estate planning wishes.

If you plan properly and have your plan reviewed periodically, you may lower or eliminate the tax burden on your estate and leave more to your beneficiaries.

Before you make a Will, you should also know how estate and income taxes affect you and your assets. The federal and New York tax laws change often as a result of various tax reform acts. So you may not be up-to-date with these complex and frequently changing laws. Also, you may be unaware that you can choose which of your beneficiaries pay the estate taxes. If you do not choose how your estate taxes will be allocated, the tax burden will be allocated among your beneficiaries according to statutory rules that may not be in accordance with your wishes. An attorney can help you draft a Will and create an estate plan that addresses these issues. If you plan properly and have your plan reviewed periodically by an attorney, you may be able to reduce or eliminate the tax burden on your estate and leave more to your beneficiaries.

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By: Martin Petroff

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If you have any questions regarding the content in this website, about the products that are mentioned, or just any questions at all don’t hesitate to contact me at the following address. I’d also love to hear any feedback on the site if you’ve found it helpful or have some ideas about how I can improve the site in some way.

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WillPowerofAttorney.com is dedicated to providing quality information on the subject of Estate Planning and in particular, on the products Elder Care Legal Forms and Information

Here you will find helpful reviews, informative information and tips and much more. This site is in the format of a ‘weblog’ so that each time I post new information, it will come to the top of the front page. This means that you can check back here frequently to see new updates to the information found here.

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