OUR SERVICES
ESTATE PLANNING
The estate planning process begins when I have the opportunity to meet with my clients and find out more information about their own specific family situation, desires and needs. Some clients may be interested in having an attorney assist them with their Trust or Will preparation. Others may want to discuss plans for a Durable Power of Attorney or a Patient Advocate Designation. These are all important aspects of any estate plan and I will be happy to assist you with any of these estate planning documents and procedures.
DECLARATION OF TRUST
A Trust is a legal arrangement in which assets are transferred to a trustee to be used for the benefit of one or more beneficiaries, such as yourself and your family members. By using a Trust as part of your estate plan, you can arrange for the management of your assets in the way that you intend after death or in the event that you become incapacitated. A Trust also alleviates the burden on your loved ones of dealing with complex administrative, legal, and investment issues during already difficult times. A Trust has several other advantages, including avoiding the delays and expense of probate, maintaining privacy, saving estate taxes, and ensuring that your assets continue to be managed properly.
LAST WILL AND TESTAMENT
You can use a Will to leave your assets to people or organizations; name a guardian to care for your minor children; name a trusted person to manage assets you leave to your minor children; and name a personal representative. Unlike a Trust, a Will alone does not allow your estate to avoid the probate process. A Will is essentially your written directions to a probate judge, which specifies your wishes for the distribution of your assets.
PATIENT ADVOCATE DESIGNATION
A Patient Advocate Designation, also referred to as a Medical Power of Attorney, is a legal document that allows individuals (called “Patients”) to appoint another person or persons (a “Patient Advocate”) to exercise powers over their care, custody, and medical treatment decisions during any period in which they are unable to participate in making those decisions. Every individual has the legal right to make decisions regarding their own medical treatment. Patient Advocate Designations allow individuals to direct how medical treatment will be provided to them in the event that they are unable to participate in medical treatment decisions due to their mental or physical condition. Patient Advocate Designations are the only Michigan legal documents by which individuals can designate another person to make medical treatment decisions for them.
PROBATE
When someone dies, the probate issues concerning his or her estate can be difficult and confusing. Likewise, guardianship or conservatorship can often be difficult for to understand. That is why it is important, when dealing with the probate court, that you hire an attorney who is experienced and knowledgeable on the subject.
DURABLE POWER OF ATTORNEY
Most people are aware of the fact that they should have a will and an estate plan so that upon death their estates can be administered and distributed to their beneficiaries promptly and efficiently. However, many people fail to plan adequately for lifetime disability, that is, your inability to legally handle your affairs (business, financial, and personal). Disability can arise from a number of different causes, for example, illness (such as a stroke), injury, an accident, aging, or the inability to locate or contact you. If you are unable to handle your affairs, who can and will do so?
You may name any adult as your agent (for example, a spouse, child, or other relative, or a friend) or you may name a bank; but you should select an agent who is willing to act and in whom you have confidence and trust. A Durable Power of Attorney might authorize your agent to do any or all of the following on your behalf: Pay for support or care; borrow; conduct banking transactions; deal with property, gain entry to safety deposit boxes; deal with insurance or retirement benefits; prepare and file tax returns; exercise stockholder rights; make gifts; collect Social Security and other benefits. Having a Durable Power of Attorney could save you and your family time, expense, and the inconvenience of a probate court proceeding.