Plannning for Life's Unexpected Challenges

Until the Lion King, I never heard of or knew what a Warthog was.  Though a bit romanticized in the Lion King, the Warthog is not one of the loveliest creatures in the wild.  It is like a pig, hog or boar but least attractive.  It can move rather quickly when approached, not that you want to get near.

Not everything in life is attractive, lovely or even romantic.  The unexpected situation could cause difficulty in your life.  But there are ways to make those difficult situations less challenging for those you love.  Advance planniing!!!  This would include getting a healthcare power of attorney, general power of attorney, living will and a will. 

Don't wait until itis too latte.  Plan now by contacting us at http://www.ythlaw.com/

Your "4" Essential Documents for Estate Planning

Most people do not know where to start when it comes to getting their affairs in order. That is what estate planning is, Getting Your Affairs In Order. The essential documents are (1) WILL; (2) LIVING WILL; (3) HEALTHCARE POWER OF ATTORNEY; and, (4) GENERAL POWER OF ATTORNEY. Each persons situation is different so you want these documents tailored to your specific circumstances. An estate planning attorney (one who specializes in this area) should be consulted. I, like many other professionals, will provide you with a free consultation so you know what to expect. You can also get my book Stop! What are you Waiting for? Your Step by Step Guide to Estate Planning. $24.99 but only $10 when you call my office for a free consultation. Contact us at http://www.ythlaw.com/

Estate Planning Mistakes - Number Twenty-Three

Estate planning is not just doing a Will. There are documents that everyone should have to address what happens if you are incapacitated or disabled. You want to make sure you have documents that take care of you while you are living.

Everyone should have a General (Durable) Power of Attorney, Healthcare Power of Attorney (to deal with physical as well as mental health) and Living Will. If you fail to have these documents and you become incapacitated or disabled, a legal guardian will have to be appointed. This is a legal process which will require a guardianship hearing before the court. You can avoid this sometime lengthy and expensive process with advance planning.

Don't make costly estate planning mistakes. Contact us at http://www.ythlaw.com/

Who's Talking To The Doctor?

What if your doctor is unable to communicate with you regarding a healthcare matter. You could have had an accident. You could be in surgery and require another procedure.

Your Healthcare Power of Attorney allows you to appoint an individual to make healthcare decisions on your behalf. This agent or personal representative is authorized by you to review your private medical information.

This is the THIRD most important document in your estate plan. Contact our offices at http://www.ythlaw.com/ to address your probate, estate planning and elder law needs.

The Important Documents In Your Estate Plan

Take advantage of the powerful estate planning tools designed to express your desires clearly. Further, these powerful tools provide guidance to your family and/or representatives during a difficult time when you would be unable to do so yourself.

The tools are your Will, your General Power of Atttorney, your Healthcare Power of Attorney, your Trust and your Living Will. Each one of these powerful tools will be discussed over the next few days. Stay tuned.

Contact our offices for all your probate, estate planning and elder law needs at www.ythlaw.com

BP - Oil Disaster in the Gulf

I, alongwith the nation and the world, are watching the unfolding of the worst oil spill in US history. The deaths from the explosion, the impact on the fishing industry, tourism, wetlands and wildife are all unprecedented. And now there is a fund to begin to compensate those who have suffered as a result of this tragedy. But is it enough? What would be enough?


There are so many plans that have to be put on hold and dreams that can never be realized. How can you value such loss?

What we all can do is prepare ourselves for the expected and the unexpected. What happens to our loved ones when we die? How do we manage during a sickness or disability? Unlike the unprecedented oil spill, we have ways to address these emergencies. Get your will done today. Name a person under a power of attorney to act for you when you are unable to act for yourself. Take these steps now before it is too late. Leave your comments here or contact us at http://www.ythlaw.com/

Mother's Day - A time to talk

You know I often say that estate planning is a family conversation. Mother's Day is this weekend and generally all the family is together. As our parents age, who will be there for them? If a parent is alone due to divorce or death, then answering this question is even more important for the family.

A friend asked me to write a guide for families. A step-by-step approach to How to Care for Mom. When families are faced with this reality, it can be overwhelming. Families are no longer living in close proxmity. They have multiple commitments and obligations. They struggle themselves financially. BUT, in all this chaos, there is an approach to make the burden easier. The approach not only includes necessary documents like General Power of Attorney and Healthcare Power of Attorney; but, resources like continuing care communities and elder care wellness centers. Having this information available in a handy check-off format, makes an otherwise daunting task doable. So coming soon, your guide to caring for Mom.

Leave your comment here or contact me at http://www.ythlaw.com%20w/

7. Discern Elder Needs

We have discussed over the last 2 weeks the 7 essential benefits of estate planning and today we address the seventh essential benefit, discern elder needs.

In 2006, the oldest of the baby boomers, the generation born between 1946 and 1964, turned 60 years old. As a result, new concerns have given rise to the specialized area of “elder law.” This term was not even mentioned when I attended law school in the early 1980’s. However, with the anticipated increase in the elderly population, the advances in technology, and the increase in life expectancy, the dynamics of our society are changing and the elder law area of practice is growing rapidly.

Elder law looks at the needs of seniors during their longer lifetime. Estate planning, as well as retirement and long-term care planning, forms a natural part of the elder law practice. Seniors are finding themselves working longer to address the cost of healthcare for elders under their care. The fact that we are living longer requires all of us to take a real careful look at long term care questions and put plans in place, like purchasing long term care insurance and getting your will, general power of attorney, healthcare power of attorney and living will done.

Want to know more about the 7 essential benefits of estate planning? Check out my new book Stop! What Are You Waiting For? Your Step-by-Step Guide to Estate Planning.

Town Hall Meetings and Healthcare Reform

The town hall meetings around healthcare reform are all a buzz. When I think about the importance of healthcare, I also think about the importance of having designated healthcare representatives.

We all want to be able to get appropriate healthcare whenever we should need it. Reform in our current laws is needed to accomplish this goal. We have an opportunity to impact what that law might look like. While we work with our elected officials to assure a plan that we all can live with, we should also be thinking about who will address our healthcare issues when we are unable to address them ourselves.

Do you have a Healthcare Power of Attorney? Do you have a Living Will? These documents allow you to express your wishes should you be unable to do so. They also allow you to appoint an agent to act on your behalf. The agent would be a person who understands what your desires and interests are as relates to your healthcare.

Let us have your comments or contact us at http://www.ythlaw.com/

What does Power of Attorney mean?

Question:
I keep hearing that it is important to have a power of attorney but I really do not know what it all means.

Answer:
The power of attorney provides the name of the person or persons who will handle your financial matters should you become incapacitated. There are many decisions that are time sensitive and, if delayed, could result in significant financial loss to you. The Power of Attorney allows you to designate a person, of your choice, to act on your behalf and ensure financial decisions are not unnecessarily delayed.

It is your “personal decision insurance”. Make sure you are covered.

A Power of Attorney is a document that gives another person or institution the right to take certain actions on your behalf. The scope of actions authorized is written within the Power of Attorney. A Power of Attorney can be effective immediately or it can give the agent the authority to act only after you become incapacitated. The latter is known as a springing Power of Attorney and requires proof of the your incapacity. Making the Power of Attorney effective immediately avoids this issue. However, unless directed to do so by you, the agent should not use the Power of Attorney if you are capable of making decisions.

There are several forms that Power of Attorney can take, including limited, general and health care. Depending upon your personal circumstances, there may be a need for all three to ensure continuity in business transactions.

The Limited Power of Attorney does not provide broad powers. It is generally used in the purchase and sale of real estate when you are unavailable on important signing dates or for the negotiation of securities transactions within an investment account.

A General Power of Attorney can grant "all-encompassing" authority for virtually any type of decision relating to all types of property.

The Health Care Power of Attorney is used to appoint a person who may make important medical decisions regarding a person’s care during incapacity.
Critical Note:
1. Regardless of the form of the Power of Attorney, it is imperative that your agent be carefully selected. Given the authority granted under any Power of Attorney, trustworthiness is the essential key.
2. The Power of Attorney terminates upon your death.

Have your questions answered by entering a comment or email us by going to http://www.ythlaw.com/

Nursing Home Care

I was having lunch today with new acquaintances. When they found out I was an estate planning attorney, one mentioned that she soon would be needing my services. Of course the title of my new book came to mind and I said Stop! What are you Waiting for? the time for estate planning is now. This concept is easy enough to grasp but what followed was a specific example to make it more relevant. The other person in our luncheon party mentioned that his mother was just released from the hospital to a nursing home. She was a bit disoriented and needed to address some financial matters. He realized then the importance of having a Power of Attorney to handle these affairs during her hospitalization. She is now at a nursing home and a decision will have to be made whether she will have the capacity to return to her home or have to stay with nursing home care. With both her healthcare power of attorney and general power of attorney for financial matters, he can begin to make decisions to help his mother. At any given time, I have found many examples where planning ahead made all the difference in whether a person gets what they need when they need it. I encourage everyone to plan, now.

Saving and Powers of Attorney

Saving is on the top of the advice list of the financial experts. Given the current volatility of the stock market, where does one save? Many are looking to FDIC insured institutions when placing their money and others are staying where they are to "wait" things out in hope that things will get better. What is the right approach depends upon your specific circumstances. Will the government be able to insure the increasingly failing institutions? Can you "wait" things out? I think saving is good advice as long as you make sure to take care of the essential matters. This would include making sure you have documents in place to address the unexpected or the unplanned. Everyone should have powers of attorney in place, one to handle healthcare matters and one to handle financial matters should we become incapacitated. You do not want to leave to chance who might take care of matters for you when you can not do it yourself. Choose a person as your agent that you trust and that you can depend upon in trying times.

Stop! What are you waiting for? Your essential guide to estate planning, my upcoming book, will help you through these economic times with sound and practical advice for your future.

SECOND of TEN Hot Estate Planning Topics

SECOND, hot topic for discussion is the Healthcare Power of Attorney. Have you or someone you love been to the hospital recently? What are all those forms that you have to fill out? For many procedures these days, the hospital wants to know your preference regarding any life support procedures or whether you want to be resuscitated. They may ask do you have a living will (discussed in our first hot topic) or DNR (do not resuscitate) order. This is not the same as euthanasia which, for many, continues to be another hot topic. The Healthcare Power of Attorney at least allows you to appoint an agent to address these issues for the hospital or doctor if you are unable. You and your agent must know the answer to these types of questions before asked. That is why it is important to have documents like the Healthcare Power of Attorney in place so that you give some thoughts to these questions BEFORE a medical emergency. We need to open this topic up to broad, continuous and lively exchange. Provide your views HERE!!!!