As many of us are aware, powers of attorney help to avoid the need for a court-ordered Guardianship or Conservatorship later in life, but in some instances, these powers are not drafted to cover all circumstances (even though many of these such directives are written broadly). For example, I was involved in a case-matter in which siblings argued over who has power to make placement decisions for their mother. One family member was made power of attorney pursuant to a directive mom had signed, which covered certain decisions concerning medical treatment. This family member, along with her counsel, believed it was broad enough to cover living arrangements (placement) and daily living matters. The other siblings decided this sibling did not have such authority (outside of hospital admittance) and claimed that the power of attorney directive was not specific enough.
Therefore, the opposing siblings proceeded to petition the probate court for guardianship whereas daily living and more specific decisions concerning where mom lived can be made by a court-appointed fiduciary. Fortunately, the family settled on having the court grant a guardianship to a neutral family member while preserving the remainder of powers instilled in the power of attorney directive.
The takeaway in this example is to make sure that powers of attorney are drafted specifically to include often overlooked matters, such as placement and daily living decisions in addition to medical treatment. It is encouraged that individuals review their power of attorney directives, for both medical and financial decisions, to ensure their needs are specifically addressed. I am happy to help. Readers are invited to contact me at Gee Law for a free consultation!
Many of us have a joint interest in a business or investment with other partners, which we would like to pass on to a loved one through our estate plan. However, those interests are often not controlling interests pursuant to the business plan made among the co-owners of the business.
These plans involve agreements that may set limits on who other decision-makers can be, such as partners in a partnership or directors in a corporation. On the other hand, business plans can be amended to create a succession plan in the event these business partners have family that would like to carry on the growing business.
Many co-business owners working together share these desires for family to follow in their footsteps, but have not thought this far ahead in their business plan. These business partners, members and shareholders are invited to contact Gee Law to discuss options for such planning. May your business enhance your family legacy as it prospers!
The Probate Court provides for the guardianship and conservatorship of the disabled, from developmentally disabled children to incapacitated adults. In these proceedings, the Court often appoints family as guardian or conservator for their loved ones, but often do not make them aware of what their duties are.
Though many of these family members are very qualified and are excellent caregivers, they are often unaware of the Court’s yearly requirement for these fiduciaries to provide an annual guardianship report, or conservatorship accounting. These reports allow the Court to provide oversite and give interested parties (such as other family) the opportunity to be aware of the fiduciary’s progress. If these reports are not timely submitted, the Court tends to enforce costly consequences.
These fiduciary duties are often very uncomplicated and is not as daunting a task as many expect, once fiduciaries are given the opportunity to learn what is involved. If family members are looking to care for a loved one, or are currently serving as guardian and conservator, I am available to consult them on what to be prepared for so they can keep family matters out of Court.
We know that there are different types of estate planning designed to protect our assets and direct how to distribute or utilize them. Once that is in place, does your fiduciary, whom you have selected to administer the plan (such as the personal representative of your estate, trustee of your trust, or power of attorney) know what all of those assets are and where to look when it’s time for them to act?
In addition, many assets are separate from our estate or trusts because they already have beneficiaries designated in the contract or policy (such as life insurance or 401k plan). Do those beneficiaries know where to look or whom to contact in the event the money holder (e.g. the life insurance company) can no longer locate them to distribute funds?
This is an important part of your estate plan review that may even involve sitting down with your future fiduciary, family or otherwise to discuss inventory and ensure the plan is administered smoothly. If the estate or trust inventory is not updated periodically, some assets may be inadvertently missed. As a result, many estates (for example) reopen after being closed when unknown assets are later discovered. This can lead to unnecessary administrative costs or legal fees.
So, for those needing to ensure an organized inventory or schedule of assets is provided with their estate plan, now is the time to start; and I can help! As always, I am available for a free consultation.
Many of us have an estate plan in place, but are not always aware of its contents. This may be because the documents have been drafted a long time ago, or perhaps were not fully explained. Therefore, it is important to review our estate plans to ensure your assets are disbursed per your direction, even when your family’s circumstances change. In doing so, it is desirable to consider placing protections within a will or trust to ensure that gifts to those who become disabled do not inadvertently disqualify them from disability benefits that may be available.
All too often, estate plans will devise assets, either through a will or trust, to someone who perhaps later becomes disabled. In these instances, eligibility for benefits could be hampered or complicated. Moreover, what they may be receiving through a trust distribution is commonly not enough to support them. If modifications to your plan are necessary to ensure these protections, know that they can be made cost effectively, such as with a short amendment to an existing trust.
If anyone is uncertain about what is included in their estate plan, whether a will, trust, or power of attorney, they should take the time to review their plan and seek a trusted legal confidant to answer their questions. If you do not have an estate plan, then now is the time to get started! We can begin today.
I have had people approach me lately, including some attorneys, who have inquired as to why it is necessary to have a power of attorney over your assets when you already have a successor trustee in a trust to manage assets when you are disabled. My answer is very simple. The trustee has control over what is in the trust only. Even when you believe that all of your assets are in the name of your trustee (as many have intended), there are assets that you may acquire down the road, or that you have forgotten about, which are not yet placed into the trust and time may be needed to coordinate that. In that time, these assets remain in your estate, separate from the trust, where a power of attorney will be needed to manage them if you are unable.
I have had people find out the hard way that assets they thought were in their trust, actually were not. If you are uncertain about what is in your estate plan or how assets will be managed when you are unable to do so, feel free to contact Gee Law for a free consultation.
Spring weather is finally here and the days are getting even longer as the summer is looming! This means many of us will be spending more spare time outside of our primary work environment to work on side projects or enhancing certain talents hoping one day to turn their passion into a dream job.
These dreams can be made a reality through proper business planning! I begin by sitting with the future business owners or partners to discuss their objectives. From there, a written business agreement is drafted to suit the individual goals of the partners, protect each of their investments into the operation (time, money, and other capital), and eventually grow the business.
So, for those investing their spare time perfecting their talents this year, consider turning such passion into a bright future business! Start planning by contacting Gee Law for a free consultation.
Estate planning includes being prepared for the care of our affairs, not only when we are gone, but while we are living. One way to accomplish this without court involvement may be through the use of Powers of Attorney for our finances and healthcare. However, many of us become incapacitated or otherwise ineligible to execute such a document. In these instances, caring family or loved ones can petition the court to appoint a guardianship and/or conservatorship to protect an individual's health and assets, respectively. It is important to know when these options may be necessary.
Many of us are concerned that a loved one, e.g., a parent, grandparent, or disabled child reaching the age of 18, may need help making decisions for them. However, many of us do not always know what to look for in determining whether someone requires a guardian/conservator.
For example, some individuals may have a medical condition affecting them mentally or otherwise, which may require medical or financial assistance. In some of these cases however, these same individuals possess the cognitive ability and willingness to seek professional help in maintaining their health, as well as their assets; despite coping with their condition. Unless these individuals request it, they may not need a guardianship or conservatorship; or, if they require one, it may only be on a limited basis.
Where there lies greater concern is when an individual's condition compromises their ability to make or communicate informed decisions for their well-being and cannot reach for help on their own. This condition may also pose concern that assets will be wasted or dissipated unless protection of a court-ordered fiduciary is made available.
Families and loved ones should discuss these options to care for one another when health concerns arise. Contact Gee Law for a consultation on what to look for and possible courses of action based on your circumstances.
We all know people who are either just starting a business venture or have been doing so with fellow investors or partners for quite some time. Unfortunately, many of these people we know have embarked on these business ventures without a plan. Because they did not have a plan to deal with contingencies, partners often reach an impasse on important decisions regarding how to go forward with a particular business opportunity, putting the business at a costly standstill. This is especially true with businesses formed by multiple investors or partners.
A specific example of the risk behind engaging in a joint venture without a written agreement arises when one partner or investor starts a business with the ambition for it to become his/her specific line of work; while the others investors, lacking the same level of participation and commitment, demand an equal share of the company's value or profits. Consequently, the more focused partner often ends up doing most of the work, yet the benefits are shared equally.
The solution is for prospective investors in a business to engage in a written agreement, e.g., partnership, member or shareholder agreements. This way, all members agree upfront and in advance on how decisions will be made, the level of commitment expected between members, and even how disputes will be resolved. So before you invest in a business, invest in a plan. This will maintain relationships with your fellow investors and ensure you business is in the best position to grow and last successfully!
Estate Planning documents are not just for the deceased. If there are investments or surplus funds that you would like to earmark for your family or perhaps those members with special needs, a trust can allocate assets to them during your lifetime, while also providing for your own needs. Creating joint ownership of assets such as bank accounts, titles and deeds are other ways to accomplish these goals, depending on your circumstances.
As life brings unexpected contingencies, such as divorce, disputes involving creditors, and other legal concerns, these planning vehicles are excellent ways to protect your hard earned assets from being taken or seized. They may also assist during times when you are in a condition compromising your ability to make decisions. Finally, this planning can also ensure the destination for your assets even after you are gone, which helps to eliminate the need for probate court costs.
When we do eventually pass on, the use of a will can add to a trust and further devise assets that will not only ensure your intentions are met, but also minimize probate court involvement.