Estate Planning | drinkwatergoldstein

Services

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Last Will and Testament

For many, putting together a Last Will and Testament is either an afterthought or in response to something happening that makes having a Will more pressing. Dealing with someone else's will, wanting to make changes to an existing will that no longer reflects your wishes, health concerns, or divorce are common reasons to consult legal counsel to draft a Will or update an existing one.

We are here to help so that your loved ones know your wishes and are in a position to carry out what you have identified in your Will, whether that is by distributing specific assets, or identifying the individuals, charities, or entities that should receive your assets. Similarly, we will discuss with you any funeral plans or wishes and include that information in your Will.

Whatever the reason, we have a long experience handling estate planning and meeting our clients needs in pulling together estate planning documents.

We are also happy to include testamentary trusts, but we do not handle Revocable or Irrevocable Living Trusts, Generation Skipping Trusts, or any type of Special Needs Trust. If you are in need of that type of trust, we are happy to refer you to counsel who would be able to assist.

Power of Attorney

For some, having or needing a Power of Attorney can be daunting, as it may feel like you are relinquishing your independence to another person. This requires significant trust that the person or persons you choose will have your best interests at heart and will listen to your needs and desires, and act accordingly. But from a legal perspective, a Power of Attorney can actually help to preserve independence, as it can allow for you to receive assistance or help when needed, by utilizing the Power of Attorney.

It can also function as a way to avoid having to go through a Guardianship action through the Surrogate Court system, assuming that at the time the Power of Attorney is executed you have the legal capacity to sign and enter into the document. While not a guarantee that a Guardianship action can be avoided, a Durable Power of Attorney can be a powerful tool.

Under certain circumstances, a Power of Attorney is not appropriate, and filing a Guardianship action may be necessary, but the way to know which avenue is best for you or a loved one, an appointment to go over the specifics would be necessary.

If you have questions or concerns about what a Power of Attorney or Guardianship action would look like, how it works, and what safeguards are in place, please give us a call and set up an appointment to talk.

Living Will

Many people mistake a Living Will for a Last Will and Testament. The two documents are very different. While both have the word "Will" in the name, they serve very different functions.

A Living Will is a document that is entered into while you are living and have legal capacity to understand what you are signing, because it affects your healthcare.

A Living Will document is designed to appoint a healthcare representative(s) for times when you are unable or unwilling to manage your health needs; and also expresses your desires and wishes for health care while you are unable to manage your health needs.

You may have been to the doctor, a hospital, or other healthcare facility checking in where the staff asks if you have a Living Will. If you do have a Living Will, that provider will want to see or maintain a copy of that document for their records so they know what they can or cannot do, or who to contact if there are issues with your ability to understand and express health care consents.

This can include whether or not you receive any kind of resuscitation, whether invasive medical treatment can be performed, whether you are an organ donor, or have specific express wishes that should be followed.

If you are of certain religious beliefs, having this information available to your medical providers may be especially important.

If you are interested in learning more about a Living Will, and whether it is right for you or for a loved one, please give us a call and set up an appointment to answer your questions and make sure you are protected.