Patient Advocate Designations 2.0

The Patient Advocate Designation, when paired with the General Durable Power of Attorney, comprise the primary documents in the “here” portion of estate planning. Like the Power of Attorney, the Patient Advocate Designation grants another person (the Designee) the authority to make medical decisions on behalf of the Principal in the event that the Principal is unable to make their own medical decisions because of illness or accident. While on the surface the Power of Attorney and Patient Advocate Designations appear to be similar, there are some important distinctions between the two documents that are worth addressing.

Just as with the Power of Attorney, the Patient Advocate Designation can grant a variety of authority, but for the purposes of estate planning the document will include the authority to make any medical decision, including end of life care decisions, in the event that the Principal is unable to make their own healthcare decision. While it is occasionally useful to provide a Designee with less authority, for practical purposes most Patient Advocate Designations grant broad authority because they are only used in the event that the Principal is unable to articulate their own wishes.

The Patient Advocate Designation normally provides that two physicians must state in writing that the patient does not have the ability to understand and make their own medical decisions. Only after these physicians have confirmed that the Principal does not have the capacity to make his/her own decisions, can the Designee make medical decisions, including end-of-life care decisions for the patient. It is noteworthy that the ability to make decisions regarding healthcare is different from being physically incapacitated. Even if a person is unable to manage their own affairs due to physical incapacity, they may still have the ability to participate in their own healthcare decisions, if they are able to understand their doctors and articulate their wishes.

In order to make informed decisions for an incapacitated patient under any circumstance, it is generally considered good practice to include a release in the Patient Advocate Designation to allow the Designees to receive medical information from medical practitioners and medical facilities that is normally protected by privacy laws. Frequently this release will extend beyond those times when a Patient Advocate is called upon to make decisions so that the Designee can receive regular updates on the Principal’s health, even when they do not need to make decisions.

With a common focus being on a situation where a Designee needs to make end of life decisions, people sometimes lose sight of the fact that a Patient Advocate may also be called on to make decisions regarding long-term healthcare treatment. Such decisions include whether the Principal is able to reside in their own home due to medical risks, what scope of care is necessary to make the Principal comfortable, and where the Principal will live if they do need inpatient care. These decisions can prove to be especially difficult for Designees because they are not things that people generally like to discuss. It is important to make sure the Principal discusses these types of issues with the designee ahead of time if possible.

It is important to fully understand what authority is given in a Patient Advocate Designation before signing the document. An attorney experienced in estate planning should be willing to take the time to review the scope of that document before expecting you to sign anything. This is just one reason why we always remind our reader of the importance of working with an attorney to navigate the estate planning process.

Matt and Al

Making Choices 2.0

Since relaunching the blog, much of our focus has been on ability for an individual (the Principal) to choose other people (the Designees) to have the ability to make decisions in the event that the Principal becomes incapacitated. For almost every client this gives rise to the question, "who should I choose?" As with all of the decision-making aspects of estate planning, the answer to that question lies with the person who is creating the plan. As advisors and counselors, we can provide some insight into that decision, but ultimately it is one that must be made by the client.

Many of our clients struggle with choosing a single individual to name as a Designee, sometimes out of concern that the responsibility will create too heavy a burden for one person to handle. The good news in these circumstances is it is possible to appoint multiple Designees to work together to serve in any given role. This means that two or more people may be named to work together, either by unanimous consent, by majority rule, or each acting independently, in order to manage the responsibilities of serving under a Power of Attorney, Will, or Trust. While naming multiple Designees is always an option, it may not be the most efficient way of managing affairs, as naming multiple Designees normally requires those individuals to work together to achieve results. Further, with respect Designees named to make medical decisions under a Patient Advocate Designation, we generally recommend that our clients name a single person to serve as the Patient Advocate at any given time, in order to avoid creating a situation where multiple Designees cannot agree on a course of medical treatment, so doctors require that the Probate Court name a Guardian to remove uncertainty. The goal of implementing a Patient Advocate Designation seeks to avoid the Probate Court, not create a situation that requires it.

We make clients aware that they have the freedom to name anyone they desire to serve as a Designee, but all too often clients delay estate planning decisions due to concerns about their Designees. A common worry is someone who is not named will feel disappointment or even anger because of their omission. In those circumstances we find it helpful to remind our clients it is in their own best interest to choose the people that they believe have the capacity to fulfill the responsibilities of the role, especially as it pertains to them. If that means that a single child is named as the primary Designee in all of the documents because the child is more responsible, so be it, because that child has the ability to manage the responsibility. If the person named as the Designee in the Power of Attorney for making legal and financial decisions is different from the Designee in the Patient Advocate Designation for making medical decisions, that too is acceptable because the goal of naming Designees is to have the people best equipped make decisions making those decisions. Ultimately it is important to consider the consequences of naming someone less capable simply to avoid hurt feelings. Under those circumstances most people are able to trust their instincts, name the individuals who will do the best job and have enough peace of mind to set aside the worry that someone not named will be offended.

The bottom line in all of this is that the Designees named in an estate plan are essential to the success of that plan. While it is possible to name multiple individuals to work together, that is not always the most efficient way to administer a plan. The success of the plan is the result of naming the best people for the job. These decisions are not always easy and every planning situation is unique, which is one reason why it is especially useful to work with an attorney experienced in estate planning. That attorney should take the time to assist and guide you through the process of choosing Designees that meet the standard.

Matt and Al

Estate Planning Impact During Life 2.0

In our previous blog, we began unravelling the mystery that is Estate Planning by focusing on what happens when a person dies without a Will. Today’s blog focuses on how an Estate Plan can help avoid problems and complications during lifetime. While planning for an orderly transition at death is a major component of Estate Planning, a person is more likely to become disabled due to injury or illness rather than die, and planning can be critically important for these situations. Today’s blog discusses the “here” component of Estate Planning when someone becomes disabled but does not die.

When we discuss the “here” of Estate Planning we are talking about Powers of Attorney and Patient Advocate Designations that allow a person to designate who will have control of their lives in the event they are unable to control their lives. Each of these documents serves a different role, so it is important to understand what each does, when they work, and who should be named to handle the decision making responsibility. As you continue reading, keep in mind the person who signs and has these documents is known as the Principal and the person named to act on the Principal’s behalf is the Designee.

The Durable Power of Attorney is the document that gives the Designee the authority to make legal and/or financial decisions on behalf of the Principal. While Powers of Attorney can cover a wide variety of circumstances and specific powers, a Durable Power of Attorney for Estate Planning purposes gives much broader authority to make decisions on behalf of the Principal. The word “Durable” in relation to a Power of Attorney means the document is intended to be legally effective even if the Principal becomes incapacitated. Including a Durable Power of Attorney in your Estate Plan provides a tool to loved ones, allowing them a broad spectrum of powers, including, but not limited to, the ability to continue to pay bills, run a business, and even file lawsuits in the event that the Principal become incapacitated.

In the absence of a Durable Power of Attorney, a person wanting to make legal decisions on your behalf must file a Conservatorship Petition in the Probate Court. In addition to dealing with Estate Administration, the Probate Court is responsible for reviewing these petitions, appointing, and supervising those people named to make decisions on behalf of others in the absences of a Power of Attorney. The Probate Court process can be cumbersome and will include multiple hearings, documents, and meetings with attorneys. While it is important that this process exists to assist those who fail to plan, having a Durable Power of Attorney avoids these delays and additional stresses in what is likely already a very stressful time.

The Patient Advocate Designation is similar to a Power of Attorney (and is sometimes called a Medical Power of Attorney or Appointment of Healthcare Surrogate) but this document allows a Designee to make medical decisions on behalf of the Principal in the event the Principal does not have the capacity to make them. A well drafted Patient Advocate Designation grants the authority for the Designee to make a wide variety of decisions, including treatment options in emergency situations and long-term medical decisions such as recovery/rehabilitation alternatives. In the most extreme circumstances, a Patient Advocate Designation also allows the Designee to make decisions regarding end of life care, the so called “pull the plug” decision. These are important and serious powers to grant to another person, which is why we also include a Living Will as part of our Estate Plans. The Living Will (sometimes called an Advanced Medical Directive) articulates a Principal’s desires regarding their care, allowing them to communicate those wishes to their Patient Advocate, even when the Principal is unable to speak.

As the Conservatorship is the Probate Court equivalent of a Power of Attorney, a Guardianship is the Probate Court equivalent of a Patient Advocate Designation. This Probate Court process can determine who has the power to make medical decisions in the event another person cannot make their own decisions, but it is still a much more time consuming and stressful situation, requiring multiple meetings and hearings before decisions can be made. A Patient Advocate Designation ensures that the person you want making decisions about your care can make them promptly without waiting for the Probate Court to weigh in on the matter and select a person the Principal might not otherwise selected.

The Durable Power of Attorney and Patient Advocate Designation are important aspects of the Estate Plan. Choosing a Designee, and a successor Designee if necessary, is an important decision and we strongly recommend that the people chosen to be named in these documents be the people who our clients feel are the most likely to make the decisions that the client would want made. While it is true that many clients worry if children (or parents) will be hurt or offended if they are omitted, but we feel it is better to name those people you feel are able to handle the responsibilities than to include someone who cannot or will not make the decisions that are best for you.

As with much of what we write about, there is a great deal more to this topic. While we strive to provide you with good information, it is important to remember to consult with an attorney experienced in Estate Planning before taking any action in order to avoid potentially expensive mistakes.

Matt and Al

Why You Need an Estate Plan 2.0

Congress is currently engaged in the task of revising tax law, including provisions relating to estate tax. The current proposal calls for raising the estate tax exclusion amount (the threshold over which a person incurs estate tax liability) from the current $5 million per person plus annual cost of living increases to $10 million per person plus annual cost of living increase. Additionally the estate tax would eliminated entirely in 2024. While we am personally skeptical that this is a “middle-class” tax cut, whether the current exclusion is retained, doubled, or entirely eliminated, it will have no effect on the estate planning for 99.98% of taxpayers or our clients. 

Over the last 40 years there has been an overemphasis on trying to avoid estate taxes when talking about estate planning. This has fueled the misconception that estate planning is only for the wealthy who want to control their fortunes from beyond the grave and minimize the amount of taxes their estate might have to pay. The reality is, as the estate tax exclusion has increased over time and eliminated the concern of estate taxes for most people, protecting one’s family and avoiding the state probate process has become much more important. Estate planning creates your blueprint for taking care of your loved ones in those hardest of times after your passing, and taking care of yourself and the ones you love if you are incapacitated because of illness or accident.. 

There are four common documents that make up an estate plan, two of those documents address concerns about the "here" while the other two address what happens in the "hereafter." The "here" refers to a situation where a person becomes incapacitated and unable to make their own decisions while the "hereafter" documents address the administration of assets following a person's death. We will address each briefly in this blog and discuss each and more detailed in future blogs.

The "here" documents include the Durable Power of Attorney and the Patient Advocate Designation, which allow you to appoint others to make decisions for you in the event of sickness or incapacity. This ability is important because it allows a trusted family member or friend to make immediate financial, legal, and medical decisions if you become incapacitated, rather than having to go through a long and costly court process. 

The Durable Power of Attorney names a person who, usually upon your incapacity, has the authority to deal with your financial well-being, including arranging for payment of bills, filing insurance claims and lawsuits, and handling other business matters on your behalf. 

The Patient Advocate Designation appoints a person to make medical decisions on your behalf, up to and including “pull the plug decisions”. Anyone over the age of 18 should have these documents because absent the existence of these documents it becomes necessary to Petition the Probate Court for the authority to make financial, legal, or medical decisions on behalf of another person, this process can be time consuming and cumbersome especially when a loved one needs assistance immediately.

The “hereafter” documents, Wills and Trusts, are documents that serve to enforce your asset distribution wishes after your death. These documents create an organized distribution scheme for your assets that you can modify as your situation and assets change, and if funded properly, can avoid the cost and time delays of probate under state law. The similarities and differences between a Will and a Trust, as well as how they work together, will be discussed in greater detail in future blogs.

At this point, if your answer to any of the following questions is “yes”, you should consider estate planning: 

1. Do you have minor children? A Will and/or a Trust will allow you to name Guardians you are comfortable with to raise you children and ensure that any assets you can pass along to your children are used to their greatest advantage.
2. Do you have assets?  Whether the value of your assets is large or small, a properly drafted estate plan allows you to determine who will receive your assets and under what terms or conditions, rather than having your assets distributed pursuant to a state statute.
3. Do you want to determine who will be able to make legal and medical decisions on your behalf in the event you are incapacitated? Knowing who will make decisions on your behalf is very important because it allows you to guide those people with respect to the decisions you would want them to make. It also eliminates the stressful need to involve the Court when decisions need to be made promptly.

It should be clear that regardless of the size of one’s estate, proper planning is necessary for a number of reasons besides estate tax concerns. An attorney experienced in estate planning can answer your questions and help guide you in preparing a plan that fits your needs, being available to work with you to change your plan as your needs change, and being there to assist and guide your loved ones through those difficult times after your death.

Matt and Alan

Estate Planning and Dementia

We hope that everyone enjoyed the long holiday weekend and is ready to return to work refreshed and prepared for a successful week. Today's blog addresses the difficult subject of preparing for a time when we are unable to make our own decisions due to the onset of disease. We know how difficult these times are for families and encourage our clients to consider these possibilities in their planning in order to limit the problems that will arise if they are unable to make decisions for themselves.

I read an article recently about Dementia Awareness Week in the United Kingdom which got me thinking about how people can prepare for the impact of dementia long before any signs of the condition are apparent. A diagnosis of dementia can be devastating to a person and their loved ones. The symptoms of dementia are progressive and its time frame is unknown, but can include memory loss, communication problems, and mood changes.

While dementia can be a horrible diagnosis, with proactive estate planning you can ensure that someone with dementia is protected and properly cared for making that challenging time a little easier. As a person becomes less able to handle their affairs, it becomes more important to put documents in place that will allow designated people to make legal and medical decisions on behalf of that person as they become medically incapable of handling their own affairs.

A Durable Power of Attorney is a good place to start. This document allows a person to name another person or persons to make legal decisions for them immediately or upon a determination of. This ensures that whether because a person no longer wants the burden of making decisions or because they are unable to make decisions for themselves, that those decisions will be made by a person of their choosing.

A Patient Advocate Designation is similar to a Durable Power of Attorney, in that it is used to name another person to make decisions when a person is unable to make them for themselves, but names people to make medical instead of legal decisions. This is especially important in cases of dementia because ensuring that your desires surrounding healthcare are followed even when you cannot articulate them for yourself is important.

Without these two documents, loved ones will not be able to readily make decisions for a person who becomes incapacitated, requiring the family members to turn to the Probate Court to have a Conservator and Guardian appointed to make medical and legal decisions. The process is costly, can take valuable time, and is a public process. By executing a Durable Power of Attorney and a Patient Advocate Designation, a person can avoid the probate process and provide for immediate decision-making and protection of the person with dementia.

Establishing a Living Trust (a revocable trust) can also protect a person with advancing dementia. If ownership of assets have been transferred to the Trust, the person named as successor trustee can use those assets to care for a person with dementia without any cost, delay or public scrutiny by the probate court. 

Additionally. while they are able, a person diagnosed with dementia may also want to consider an Ethical Will, which is a way to share one's values, life lessons, and hopes with family and friends. The Ethical Will does not transfer material wealth, but can be a statement of what truly matters in life and a hope that those who receive eventual inheritances will take to heart the values and hopes laid out in the document.

While all of these documents are especially pertinent for a person diagnosed with dementia, we should all consider implementing them in order to protect ourselves against an untimely incapacity.

Alan and Matt

How do Powers of Attorney and Patient Advocate Designations Fit into an Estate Plan?

While people generally understand that a Power of Attorney and Patient Advocate Designations protect them if they become incapacitated, many people are confused about how these documents work and what their designees are obligated to do.

     Often, after signing their estate plan documents, our clients will ask, "now that I have a Durable Power Of Attorney and Patient Advocate Designation, what does my designated person have to do?” The simplest answer is they do not need do anything, nor can they do anything unless and until the client is declared incapacitated under the definition normally set forth in the document. The definition we use in our documents requires that two doctors certify in writing that the client is unable to care for his or her "financial or physical well-being". Once the designated person obtains those certifications, only then are they authorized to act on behalf of the incapacitated client. Upon obtaining the authority to act, the designees gain the authority and responsibility to make decisions that are in the client’s best interest.

     Under the Durable Power of Attorney, the designee should determine the assets of the incapacitated person and take action to protect those assets. This may include such actions as meeting with an investment advisor to ensure the assets are properly invested, paying bills, maintaining the house or other real estate, and making sure the incapacitated person receives care. While performing these tasks, the designated person should also keep complete financial records to show what actions they took and how they spent funds. In the course of the designee’s actions, any party shown the Durable Power of Attorney can rely on the fact that the designated person has authority to act with respect to all of the legal decisions the incapacitated person might otherwise have been able to make. 

     The person designated under the Patient Advocate Designation has the authority to make any necessary medical decisions, including treatment, selection of doctors and facilities, rehabilitation, and decisions regarding end-of-life care. We recommend that clients discuss what care he or she wants or does not want with their designees so that those people are better able to make decisions should the time come. Often, a Living Will is executed in conjunction with the Patient Advocate Designation as a declaration of those desires, especially of the intent not to be kept alive by heroic measures if it would merely artificially prolong the dying process.

     The responsibility given to another person under a Power of Attorney or Patient Advocate Designation is significant and should not be taken lightly. However the designee does not need to handle matters alone, they are allowed to employ professional advisors to assist them in caring for the client’s interests. As we always tell our clients, if it ever comes time for your designees to act, we will be there for them just like we are here for you.

Estate Planning for College

As we guide our clients through the planning process we watch for other opportunities where we can assist them and give them more peace of mind. One opportunity that frequently arises involves reassuring parents with college aged children that if something happens to their child while away at school they will still have the ability to assist their child.

     Often a strong motivation for people to have an estate plan is concern for what will happen to their children in the event of their death. These clients focus on providing structured distributions over the children’s lifetimes to ensure that there are sufficient assets to help their children along the way. They also pay special attention to whom they name as Guardians for their children, often naming three or more potential Guardians so they are assured that their children are raised in a loving home. But for as much time as these clients spend planning for their minor children, as those children grow older their parents forget one very important piece of the plan.

     Parents take for granted that they will be able to care for and assist their children throughout their lives. However, frequently parents forget that once a child reaches the age of eighteen, that child is an adult in the eyes of the law, entitled to make their own decisions, and protected by all the laws and rules that exist to keep information private and ensure proper care. Thankfully the parents already know, though frequently forget, about a tool that can allow them to continue to care for their now young adult child if that child is injured or falls ill. 

     As part of their own planning, parents executed Durable Powers of Attorney and Patient Advocate Designations, naming those individuals they wanted to make their decisions if they were unable to make decisions for themselves. By encouraging children to execute the same documents, after those children turn eighteen, parents will have the authority to make legal and medical decisions for their children. This way, no parent would race across the state or country after learning that their child needed assistance only to discover that doctors, bank, landlords, and more refuse to take instructions from the parent.

     In addition to providing a layer of added protection for children, beginning the estate planning process shortly after turning eighteen also has two other benefits. First, those children have now been introduced to the attorney who did their parent’s planning and have some idea of what is involved in estate planning. No longer are the Will and Trust mysterious documents known only from pop culture references. It also demystifies attorneys in general so that in the event that the now young adult encounters a situation where they need legal counsel they have a person they know they can call. 

     The second benefit arises because by starting to plan early in their adult lives these children begin to build a habit of planning. As they get older and begin to accumulate wealth of their own we work with them to put together their own Will and possibly a Trust. We can recommend that they begin working with a financial planner early in their life so they establish good habits and avoid falling prey to pitfalls that hamstring people without these resources.

     The process of putting together Powers of Attorney and Patient Advocate Designations is not onerous or time consuming. Most of the time we can handle the entire matter in a single meeting lasting only about an hour. At the end of that time, your child has been introduced to a number of valuable adult experiences and you have the peace of mind that you will be able to continue to look out for them while they grow into the strong, independent, successful adults you know they can be. 

What's the Difference between Living Wills & Living Trusts?

     A common problem clients have when starting the estate planning process is confusion regarding the purpose of the various documents involved in an estate plan. Legislatures and attorneys augment this confusion by using similar common names for some of the documents. When you have a Will, a Living Trust, and a Living Will, a measure of uncertainty is understandable from clients who do not deal with these documents on a daily basis.

     We have discussed in detail how a Will dictates the decedent's desires regarding property held in their name alone the death, that must pass through the Probate Court before passing to their heirs. Similarly, we have addressed how a Living Trust administers property held in the name of the Living Trust, and deals with many of the same issues, but does so outside of the Probate Process. Today's post addresses the Living Will, what it does, and how it fits into an estate plan., A Living Will deals with what we refer to as the "here and now" . Together with the Patient Advocate Designation, the Living Will helps to address health care issues that arise during a client’s lifetime where, due to incapacity, the client is unable to make medical decisions for themselves.

     When executing a Patient Advocate Designation, clients nominate an individual to make medical decisions on their behalf if they are incapacitated and unable to make those decisions for themselves. A Living Will acts as an instruction manual from the client to their designated patient advocate, stating their wishes to that advocate regarding their healthcare. The choice to have a Living Will is purely voluntary and the Living Will may be as specific or as general about health care wishes as the client prefers. Under Michigan law a Living Will has no legal force. However, if there is a conflict regarding an incapacitated person's care that necessitates Probate Court involvement, written or oral statements, such as a Living Will, are admissible as evidence of the incapacitated persons desires as to their own care.

     The basic Living Will addresses the client’s desires concerning the use of medical devices to artificially prolong their lives. It is our belief that regardless of the client’s other desires regarding health care, it is important the client articulates an opinion regarding their desires for continued care if their lives are being maintained solely by machines. If clients wish to include more expansive directions to their patient advocate, we ask them to provide us with a list of those instructions for inclusion in their Living Will and encourage them to speak with their designated patient advocate so that everyone involved is on the same page regarding care.

     While contemplating our mortality is an uncomfortable topic for almost everyone, some solace can be gained by knowing that those people who we trust to make decisions on our behalf are guided in those decisions by our own instructions.

Matt Ferrara

Planning for College-bound Children

     With the beginning of a new school year, today is a perfect opportunity to address the subject of Powers of Attorney and Patient Advocate Designations for a client’s adult children. As we previously discussed, despite their parent’s perception, once a child reaches the age of eighteen they are an adult in the eyes of the law, and therefore their parents no longer have the right to make decisions on their behalf should they become incapacitated.

     This can be corrected by having children execute Durable Powers of Attorney and Patient Advocate Designations, naming their parents to make decisions, and parents can continue to care for their children should they become incapacitated. These documents provide both parent and child with peace of mind that, in the event of an emergency that causes the child to be incapacitated, the parent will have the ability to assist their child without needing to petition the probate court for that authority.

     It is important the clients’ children understand how the documents they sign will protect them should their parent need to use them. The Patient Advocate Designation allows their parent to make medical decisions in the event that the child is unable to make those decisions because of illness or injury. A Durable Power Of Attorney is more complex, because it allows the parent to make legal and financial decisions, including paying bills, dealing with landlords, and filing lawsuits on the child's behalf if the child is incapacitated and unable to take these actions for themself. Both the parent and child should know that without these documents, if the child becomes incapacitated, the Probate Court must be petitioned to name a party to make decisions, which can be expensive and time-consuming.

     The process of drafting and executing these documents also has the added benefit of providing the opportunity to introduce clients’ children to the client’s legal and financial advisors. While discussing the importance of these documents with their children the client also has the opportunity to begin to explain their own planning.  This early introduction to both the estate and financial planning can set the children on a path to a more secure future as well as act as a stepping-stone to understanding their parents’ planning. While some clients balk at the idea of introducing their children to the planning process at such a young age, taking the time to execute a patient advocate designation and durable power of attorney can save the client and their child from significant inconvenience, time delays and cost in the event of an emergency.

Matt Ferrara

Keeping Powers of Attorney Fresh

     In the past year, we have heard from a number of clients letting us know that banks and other financial institutions are reluctant to accept Durable Powers of Attorney dated more than two years ago. The same is also true of doctors and hospitals when it comes to accepting Patient Advocate Designations. All of these institutions share this reluctance because when a significant amount of time passes between the execution and use of the document , there is a concern that the person may have executed a new document in the intervening time, naming a different person to act on their behalf. For this reason, we encourage our clients to regularly “refresh” their Patient Advocate Designations and Durable Powers of Attorney.

     Another benefit of regularly refreshing these documents is the ability to review the choices clients have made in naming people to make decisions on their behalf.  It is a good idea make sure those people named are still living, able to assist the client, and still whom the client wants to make decisions on their behalf. This review is important because Patient Advocate Designations and Powers of Attorney are documents clients generally do not think about after signing, until something goes wrong and the client needs to make use of the documents. This "sign and put in a drawer" philosophy frequently leads to complacency, and clients are surprised to discover, years later, that their documents contain people whom they have not spoken to in years or who would no longer be suitable to assist the client should they be incapacitated.

     A final benefit of regularly refreshing Powers of Attorney and Patient Advocate Designations is the ability to have documents that comply with the most recent statutory language and best practices for creating such documents. Over the last ten years the specific powers enumerated in a comprehensive Durable Power Of Attorney have increased substantially, ensuring that the person named to act has the authority to deal with a wide variety of situations and institutions that all require specific permission prior to releasing any information to a third party.

     The process of refreshing these documents does not need to be expensive nor time-consuming. An experienced attorney, especially one the client has worked with previously, should be able to review the documents with the client over the phone and have updated documents prepared to sign in a matter of days. It is important to work with an experienced professional rather than using a fill in the blank form or other do-it-yourself method because these documents confer substantial power to another person to act on your behalf. 

Matt Ferrara

Planning for Terminally Ill Clients

     While we hope the estate planning we engage in will be as good thirty years from now as it is today, and that we will not need to use it until then, it is a sad fact of life that an unexpected serious illness requires us to reconsider our planning.

    Most of my clients have a Durable Power of Attorney that is only effective upon their incapacity. This means that the person designated to make decisions has no power until two doctors certify that the client is incapacitated and cannot care for their own physical or financial well-being. It may be a good idea for seriously ill clients and those with a terminal illness to provide for an Immediate Durable Power of Attorney. This allows the person designated to make legal decisions even if the client is not incapacitated, but simply unable to physically deal with financial issues. It gives the person designated flexibility in working with banks, brokers and others on behalf of the seriously ill client.

     An additional concern we have started to encounter is that some banks and brokers are unwilling to accept Durable Powers of Attorney executed longer than six months ago. These entities consider these documents "stale,” and are concerned they may not reflect the current viewpoint of the client. While the Michigan statute has no time limit on a Power of Attorney properly executed, it is usually cheaper to revise the Durable Power of Attorney rather than argue with the entity. For that reason, it may be advisable for a seriously ill or terminal client to "refresh" the Durable Power of Attorney so it is acceptable to banks and brokers.

     Just as Powers of Attorney frequently only function following a client’s incapacity, most clients are the sole Trustee of their Living Trust, and a successor Trustee does not have any authority until the client becomes incapacitated or dies. Again, it may be a good idea for a seriously ill or terminal client to modify their Living Trust to provide for a Co-Trustee immediately rather than only on the death of the client. Again, this Co-Trustee will help the client deal with matters relating to assets owned by the Trust.

     Finally, when reviewing documents in these circumstances, it is also a good idea to review the Patient Advocate Designation and evaluate those people named to make medical decisions in the event the client is unable to make their own decisions. Since those people may be called upon to make decisions sooner than later, it is important that the client remain confident in their ability to follow the client’s wishes. 

   On Thursday we will discuss reviewing dispositive provisions of the estate plan in consideration of the fact that a person's life may be cut short.

Alan Ferrara

Talking About an Estate Plan

As we discussed previously, the estate planning process does not end with the signing of the documents. One aspect of the process that is the client’s responsibility involves discussing planning with those individuals named to make decisions and potentially with beneficiaries.

In our practice, we have found that the best plans are ones where everyone involved knows the plan and there are no surprises. This does not mean that the client need to discuss every detail of their estate with every person named in the documents. However, providing those whom the plan most affects with sufficient information makes execution of the plan significantly easier.

First, it is important to inform those people who have been designated to make decisions upon the client’s incapacity. We encourage our clients to discuss this prior to the signing, therefore avoiding a situation where a named individual intends to immediately step aside. Talking with your named designates ensures that all of the individuals named in an estate plan are willing to act if called upon, and decreases the chance that the probate court will become involved in naming a successor designee. Additionally, it is important to inform those designees where those executed documents are kept so they can be located easily in the event the need to step in arises.

In addition to informing those individuals named as designees of their potential roles and duties, it is also important to discuss with these people the client's concerns and desired treatment if called upon to act. It is important to provide designees with sufficient information regarding values, beliefs, and wishes so that they are able to make decisions that they feel are in the client's best interest and reflect decisions that the client would make were they not incapacitated. Frequently these discussions will touch upon sensitive topics such as the circumstances under which the decision to withhold medical treatment is appropriate. Many clients express a reluctance to have such discussions due to their sensitive nature. If a discussion does not occur, at a minimum we recommend providing a letter with instructions regarding those issues. The letter can be kept with the Patient Advocate Designation.

The importance of establishing guidelines for designees is not limited to those named as Patient Advocate. Should a client become incapacitated, those who will act on their behalf as Successor Trustees under the Trust and Attorneys in Fact under the Durable Power of Attorney must also be aware of the client's overall goals. Both of these roles may involve providing access to assets for dependents, continuing the client's charitable gifting, and the operation of the client’s business. If those individuals named are not familiar with the client’s desires, it makes acting on behalf of the client significantly more burdensome. Again, the client can provide many of these details in a separate writing that is kept with the relevant documents. Important information to be contained in this writing includes specific instructions as to what should be done with particular assets should the client become incapacitated, instructions for the continuance or modification of charitable giving, and instructions regarding the operation of businesses to name a few.

In addition to designees named in documents, others may benefit from receiving advanced information about the terms of an estate plan. Providing beneficiaries with information regarding potential inheritances establishes reasonable expectations and reduces the chances that a beneficiary will challenge the terms of the estate plan. How much information a client chooses to give to a beneficiary depends on the family situation. There is no correct answer to this question, as the right amount of information can vary significantly from client to client and even from beneficiary to beneficiary. Where some beneficiaries have sufficient experience and maturity to provide them with the full details of their potential inheritance, others may misuse such information and engage in patterns of reckless or irresponsible behavior.

It is been our experience however, that beneficiaries who are informed of distributions for their benefit in at least general terms create the least amount of problems following a death. When beneficiaries have an understanding of the donor's reasoning in making the gifts they make, there is often less conflict following the death. This is not to say that a discussion of potential distributions solves all problems. There are individuals who, upon learning of their share of an estate, will always feel they have been treated unfairly.

In addition to discussing the specific distributions laid out in the in the estate plan it is also frequently beneficial for a client to discuss the distribution of their personal property. By learning which items of property their loved ones feel will provide a connection to the client after death, the client is better able to ensure that their loved ones are able to retain those items and the memories associated with them. When a client discovers that multiple loved ones have an interest in the same items, it is possible to head off conflicts by designating particular individuals to receive particular items so that disputes do not occur following a death, avoiding further pain during an already difficult time.

Discussing estate planning, medical concerns, and death are difficult subjects. However like much of the rest of the estate planning process, by engaging in these discussions while people are healthy and active, it is possible to avoid a great deal of trouble should a person become incapacitated or after they have passed away. In our practice, we strive to provide clients with peace of mind that their loved ones will be cared for following their death. By encouraging our clients to engage in discussions regarding their planning we hope to avoid potential pitfalls and awkward situations as well as additional grief, strife, or problems after a client's death.

Selecting People to Administer your Estate Plan

An important part of developing an estate plan is selecting people to help administer the plan at your death or incapacity. This includes Personal Representatives to administer the Will under Michigan probate, Guardians to see to the physical well-being of your minor children, and Successor Trustees to administer the assets of the Living Trust for the benefit of your beneficiaries. Sometimes selecting people to serve in these capacities is not an easy task because there may not be family members or friends you trust enough to select for those positions. Alternately, there may also be a concern that you will offend some people by not naming them to certain positions. This should not deter you from making decisions that you think are the best ones, because, after all, you will not be around to listen to their complaints.

Guardians are obviously important because you want to select people whose child-rearing philosophies are similar to your own. That may actually be a sibling and his or her spouse, but it may actually be another relative or a close friend. Another common concern when selecting guardians is geographic location. While a family member who lives in another state may be more than capable of caring for your children is important to consider whether such a drastic move is good for your children. The thing to focus on is "what is the best for my children?"

Nearly as important as the Guardian, the Successor Trustee administers trusts, pursuant to their terms, when the initial trustee (who is usually the trust maker) becomes incapacitated or dies. Naming a successor trustee is not a decision made lightly. It is possible to name a family member, a friend or colleague, a corporate trustee, or a combination of them as trustee or co-trustees. Each of these alternatives has positive and negative aspects.

Family Member

Pro: They have family experience with the beneficiaries, are empathetic, and are personally involved.

Con: They are probably unskilled in business, there is no record of accomplishment in maintaining or growing assets, or they can become too emotionally involved.

Friends or Colleagues

Pro: They likely have a personal knowledge about the beneficiary's, and are trained professionals or have good business sense

Con: They may not have enough time to do a good job, may themselves pass away, or may have a conflict of interest when it comes to a business asset of the trust.

Professional or Corporate Trustee

Pro: Corporate trustees have the benefit of being professional, experienced, and objective, regulated and will not die.

Con: Corporate trustees are dispassionate, possibly ignorant of family dynamics, may be too conservative, and may have a high turnover of corporate trust officers.

Some clients use a team approach, considering that "two heads may be better than one,” or that they want a combination of professional and personal co-trustees. Unfortunately this tactic may only give the illusion of safety because it creates a trust that may be clumsy to administer.

What ultimately is important is selecting the person or persons you feel will be able to make good decisions. It is not necessary that they have significant expertise or experience with administration and investments, as long as they are capable of retaining qualified people to assist them. You want someone who has a similar philosophy and values as yourself, because they will be administering the trust for your loved ones.

I often use the story of how I selected my own trustee when my children were small. I have two brothers who I was considering as successor trustee. I asked myself what my brothers would say if one of my children came to the successor trustee and asked for a Porsche to drive down to Wayne State University for college classes. One of my brothers would have said "sure.” The other brother would have said, "You do need a car, but your dad would have bought you an Escort.” I of course chose the brother who took into consideration what I would have done in that situation.

Once you have selected successor trustees, the decision regarding whom to name as a personal representative under the will becomes much easier. Since the successor trustee and the personal representative will work closely with one another during the initial probate process many clients opt to name the same individual in both positions so there is no conflict.

Finally we do not want to forget that during the planning process you will also name individuals to make decisions on your behalf should you become incapacitated. You want to consider carefully whom you are naming under your Patient Advocate Designation to make medical decisions in the event you are incapacitated and whom you are naming under your Durable Power of Attorney to make legal decisions in the event you are incapacitated.  Again, it is important that those people you name have an understanding of your philosophy and values when it comes to making medical decisions, especially those "pull the plug decisions". You want to make sure that the person or persons you name will be able to make those decisions when the time comes, yet will not make them too quickly.

As you can see, naming people to administer your documents for your benefit and the benefit of your beneficiaries is as important as determining where you want your assets to go. If in the estate planning process, you find yourself unable to decide whom to name to these important positions your estate planning professional should be able to assist you in making these important decisions.

Estate Planning and the Single Client

     Much of the writing we have done at Plainly Legal focuses on planning for the married couple with children. While this particular demographic has many reasons to ensure their estate planning is complete and up-to-date, they are certainly not the only ones who should feel that need. Estate planning is just as important for the unmarried individual as it is for their married counterparts. 

    As we have previously written, a primary purpose of estate planning is to distribute assets to the individuals and charities of your choice. For a married couple lacking an estate plan, the intestacy statutes deliver the vast majority of assets to a surviving spouse. Coupled with a natural tendency for married couples to own property and bank accounts jointly, the statutes insure the surviving spouse retains control of their deceased loved one’s assets. For an unmarried individual there is no surviving spouse, nor is property normally held with survivorship rights. Most, if not all of the assets of an unmarried individual are owned solely by that individual. The Michigan intestacy statute, which controls if there is no Will or Trust, distributes assets through the family tree starting with parents, then to siblings, then nieces and nephews, then aunts and uncles, and so forth. Depending on family size and closeness of living relatives, assets may be distributed to relatives who have not been seen in years or spread among a large number of people. 

     Even when an individual wants assets to go to their extended family, they frequently would prefer to know that those assets will be used for certain purposes. For example, parents may have sufficient assets of their own and a person may want their assets split among their siblings to ensure that their nieces and nephews can pay for college. Intestate succession can deliver those assets to the siblings outright (presuming that parents are deceased), but offers no guarantee that the siblings will use the assets to pay for their children's education. However, by establishing a trust, the individual has the ability to make those assets available to their nieces and nephews to help pay for their education without worrying that the money will be spent before those nieces and nephews reach college age. 

    Alternately, a person may wish to look out for their parent’s needs in the future. An outright distribution to the parent can potentially affect the parent's ability to qualify for other government benefits. By establishing a trust that makes discretionary distributions to the parent, it is possible to provide a parent with a higher standard of living without having those assets used before government benefits are available. An additional benefit of this method is the ability of the person to decide what other beneficiaries, or charity may inherit any assets that remain at the parent's death. 

     Speaking of charities, taking the time to prepare an estate plan ensures that the single individual’s assets passing to charities, friends, and other loved ones that he or she sees fit to provide for at their death. Those who rely on the intestacy statutes to distribute their assets do not have this option, as the statutes never provide for distribution outside of the bloodline. 

    An unmarried person should not forget to make appropriate beneficiary designations for any retirement benefits, including IRAs, or life insurance they may own individually, or through benefits provided by their employer. If a beneficiary designation is not made, the benefit must go through probate and is controlled by the intestacy statute. With appropriate beneficiary designations, a person can designate specifically who should receive the benefits. 

      In discussing distributions at death, it is also important to consider is the disposition of personal property. Personal property may have significant value, such as collectibles or artwork or may just have sentimental value because they have been passed down through the family for generations. In the absence of any estate planning this property passes along with all other assets through the Probate Court. Under the statute, family members, who may not be aware of their loved one’s personal life or inclinations, control the destiny of their personal items. Through estate planning, items of value, both sentimental and monetary, go to those people the person knows will appreciate them most. 

       As with everyone else who creates an estate plan, the documents that function during lifetime are as important to a single individual as they are to the married couple. Documents such as HIPAA Authorizations and Patient Advocate Designations ensure that doctors and hospitals know who the person desires to make medical decisions on their behalf should they become incapacitated. Furthermore, a Durable Power Of Attorney ensures that someone is authorized to make legal decisions on the person's behalf. In the vast majority of married couples the husband and wife name each other in these roles, but for a single individual the decision is less obvious but equally important. 

     Many of the single individuals I speak with are reluctant to put together a plan, frequently because they either are worried about offending a family member either through their gifting or by who they named to make decisions and act as trustees. Others find such decisions difficult because they are not close to family, and contemplating what happens after they die makes them uncomfortable. When speaking to people with such concerns I find it helpful to remind them that while through events or circumstance they may not be close to their genetic family, they have surrounded themselves with friends and loved ones who fulfill those roles in their lives. By failing to plan for the inevitable, they ultimately affect those people who they love the most, even if they are not genetic family. Close friends are no less affected by the death in the family member and it is important not to add to their burden. 

     Obviously, there are reasons for everyone to engage in estate planning. For an unmarried individual, control over distributions and choosing people to make decisions on your behalf that you are close to, as opposed to family, are high on the list. It is also important to remember that by having an estate plan including a trust, it is possible to avoid the time and expense of the probate process. Finally by engaging in the estate planning process individuals begin the process of a lifetime of planning, something that single individuals frequently delay because there is less imperative to plan when the only concern is their own well-being.

The Effects of Divorce on Estate Planning

     Divorce is frequently a difficult and painful experience for the parties involved. By the time the proceedings are complete, most people want to go their separate ways and interact with their former spouse as little as possible. Unfortunately, as with other major life events, divorce is also a time where it is important to review and update an existing estate plan.

Under Michigan law, divorce has a substantial effect on existing estate plan documents, including:

• automatic revocation of any potential disposition of property made by a divorced individual to his or her former spouse as a beneficiary under a Will or Trust;
• automatic revocation of provisions conferring powers of appointment on the divorced individual’s former spouse so that the former spouse can no longer appoint beneficiaries under a Will or Trust; and
• revocation of any nominations of the divorced individual’s former spouse to serve in a fiduciary or representative capacity rendering the former spouse unable to act as Personal Representative or Trustee even though named in the document.

     Additionally, divorce severs interests of a former spouse in property held at the time of divorce as joint tenants with rights of survivorship, and it is important to retitle real estate following a divorce. While all of these changes result in a change in the distribution of assets via estate plan documents, they do not negate the documents themselves, therefore the documents continue to function and successor beneficiaries, including minors, may become the primary beneficiaries because of the divorce. If there are no successor beneficiaries, then the Intestacy Statute dictates distribution of those assets.

       Presuming that successor beneficiaries are named, the change in beneficiary is important because in many documents there is a presumption that should something happen to the Grantor their now former spouse will receive such distributions and the terms of the trust did not adequately provide for direct distribution to minor children. Further, even when there is adequate provisions for maintain assets in trust for minors, it is important to ensure that the trustee named to administer that trust is a person the Grantor believes will look out for the best interests of any children and ensure funds are available for their long-term care. It is worth mentioning that a decree of divorce may contain provisions requiring the inclusion of certain provisions in an estate plan, including the purchase of life insurance to cover alimony or child support payments should something happen to the Grantor. Failure to comply with such requirements can have adverse consequences.

     While a review of the terms of the Trust, the beneficiaries, and the successor trustees is important, it is just as it is important to ensure those individuals who are designated to make decisions upon incapacity are also the people the Grantor now wants to make decisions on their behalf. Many people execute Patient Advocate Designations and Durable Powers of Attorney naming their spouses as the sole designee to make decisions on their behalf. Following a divorce those documents are revoked and the grantor is left without a designate to make medical decisions. Even if those documents name other successor designee, it is important to ensure that those individuals are still the best people to be making decisions should the Grantor become incapacitated. Frequently successor designee's are close friends of the couple, who may not continue to be actively involved in their separate lives following a divorce.

      As a side note, it is important to remember that in addition to revoking all the above interests held by former spouses, divorce also revokes interests held by former spouse’s relatives. Thus if after a divorce an individual wishes to continue to leave assets to a relative of the former spouse or name their former spouse’s relatives as a designee, it is necessary to execute new documents reaffirming that desire. While this may seem like an unlikely scenario, is important to remember how many people meet their spouse through a friendship with siblings, grow close to extended family during the course of a marriage, or feel that a former spouse’s sibling or parent is still a good trustee for minor children.

      Also related to updating estate plan documents, is the importance of updating beneficiary designations of assets that transfer outside of the probate process. This includes such assets as insurance policy proceeds and retirement benefits. Updating beneficiary designations are important because these beneficiary designations are a contractual agreement between parties, and divorce does not negate such designations. It is possible for a former spouse to receive large amounts of assets that the deceased certainly would rather have distributed to the beneficiaries of their newly updated estate plan.

      With all of the changes following the dissolution of the marriage, the updating of an estate plan can easily get lost in the shuffle. However due to the substantial impact that a divorce has upon an estate plan, it is important to take the time to review documents for necessary changes. When contemplating making changes be sure to consult an attorney to ensure that changes are made properly.

Planning for Incapacity

           None of us can foresee when an accident or a medical emergency might leave us unable to make our own decisions regarding medical treatment or legal issues. Rarely do we consider things like who will handle the everyday tasks, such as paying bills, renewing car insurance, or maintaining our homes? Even more importantly, what medical procedures are doctors performing on you, how far will doctors go to keep you alive, and who will know your wishes as to when to make that all-important decision to end all life-saving procedures? While we all hope never to experience this situation, it is important to plan for it to make sure that your wishes are known and are carried out.

           In the absence of any advance planning on your part, your loved ones will have no authority to make decisions for you and will need to petition the Probate Court to appoint a Guardian or Conservator to act on your behalf. "Guardian" and "Conservator" are the legal terms for individuals who can make legal and medical decisions on behalf of another person. However, the Probate Court may not appoint a Guardian or Conservator who would be the person you would choose to take on that responsibility if you had the opportunity to name someone. Another problem with Probate Court involvement is the cost, in both time delays and dollars, of using the court system.

           By simply taking the time to execute a Patient Advocate Designation (which names the person or persons designated to make medical decisions on your behalf) and a Durable Power Of Attorney (which names a person or persons designated to make legal decisions on your behalf) you can name the people you want and trust to making decisions on your behalf should you become incapacitated. You avoid arguments among family members and Probate Court involvement is eliminated.

           The Durable Power Of Attorney names a person, known as an Attorney-in-Fact, to make legal decisions on your behalf. A well-written Durable Power of Attorney lays out what authority your Attorney-in-Fact has over your affairs. At can allow that person to pay your bills, deal with your assets and investments, negotiate and sign contracts on your behalf, and even take care of your pets. It can also allow your Attorney-in-Fact to initiate legal proceedings on your behalf.

           The Patient Advocate Designation grants a person the authority to make medical decisions on your behalf. The person you name as your Patient Advocate has the authority to make decisions on treatment and care, as well as providing guidance as to your wishes concerning life-sustaining procedures.

           The decision to name a person to make legal and medical decisions on your behalf in the event you are unable to make them because of illness or incapacity should not be made lightly. You should choose someone you feel is capable of making these important legal and medical decisions just as you would. It is usually a good idea to name a second person in case your primary choice is unavailable. It is also a good idea to communicate with those persons name so they know that they will have the authority in the event of your incapacity and will know your desires if they are required to execute that authority.

           Both the Patient Advocate Designation and the Durable Power of Attorney are available for everyone over the age of eighteen. With parent/child situations, after the age of eighteen even a parent will most likely be required to petition the Probate Court to name a Guardian should their child become incapacitated. If married, a spouse is able to handle matters involving jointly owned property, but any other issue will require the authority of the Probate Court.

           It is important in creating these documents that you speak with an attorney familiar with the estate planning process. Your attorney will ensure that both the Patient Advocate Designation and Durable Power of Attorney clearly state your wishes and are sufficient for whatever purpose they are needed should you become incapacitated. Your attorney should also take the time to explain the scope of these documents and to advise you as to any additional documents that may be required to ensure that the people you name follow your wishes.

Why Everyone (Yes, Even You) Should Consider Estate Planning

Benjamin Franklin famously stated, “in this world nothing can be said to be certain, except death and taxes.” While taxes may be unavoidable, proper estate planning can at least help prepare for the inevitability of death and illness. While the prospect of considering these subjects may be uncomfortable, an hour or two spent making decisions today can avoid confusion and conflict in the event that tragedy befalls you and your loved ones.

Estate planning allows us to state specifically whom we want to make decisions for us in the event of incapacity or death and how we want our assets to be used, rather than our loved ones having to guess at what we would have wanted. There is a misconception that estate planning is only for the wealthy who want to control their fortunes from beyond the grave. While one part of estate planning is the documents expressing your post-mortem wishes, those documents are only a portion of the whole process. Estate planning creates your blueprint for taking care of yourself and the ones you love in those hardest of times. By taking the time to work with an attorney to draft your estate plan, you ensure that should the unthinkable happen, your loved ones will be able to look out for your interests, respect your wishes, and in the worst of situations inherit your property with as little trouble as possible.

Two important documents in the estate plan are the Durable Power of Attorney and the Patient Advocate Designation. These two documents allow an individual to appoint others to make decisions for them in the event of sickness or incapacity. This ability is important because it allows a trusted family member or friend to make immediate financial, legal, and medical decisions if you become incapacitated, rather than having to go through a court process.

The Durable Power of Attorney names a person who, upon your incapacity, has the authority to deal with your financial well-being. This means that if you are incapacitated there is a person who can arrange for payment of bills, file insurance claims and lawsuits, and handle other business matters on your behalf.

The Patient Advocate Designation is similar except that it appoints a person to make medical decisions on your behalf. This authority is important because once a person reaches the age of eighteen doctors can, but are not required to, listen to the wishes of a parent or spouse in making medical decisions when a patient is unable to make decisions for themselves. A Patient Advocate Designation ensures that your spouse, parent, partner, or trusted friend has the legal authority to enforce your desires when it comes to medical treatment.

While the Patient Advocate Designation allows your surrogate to enforce your wishes for the medical treatment, a document called the Living Will provides guidance as to those wishes.  Through a Living Will, a person defines the scope of care they wish doctors to employ to sustain their life.

The Will and Trust are documents that serve to enforce your asset distribution wishes after your death. Used together, a Will and Trust create an agreement, which can last many years, that names people to make important decisions and distribute the person’s assets over time and frequently in a more financially beneficial manner. The differences between a Will and  a Trust, as well as how they work together, will be discussed in greater detail in future blogs.

Before you decide that you do not have enough assets to worry about a Will and/or Trust, consider a few important factors.

• If you do not have a Will, State law imposes a default Will on your assets. Who would you rather control the disposition of your estate, you or the State Legislature? 
• Do you own a house? Even a mortgaged home is an asset to pass on to someone or to sell to add to the total value of the estate. 
• Do you have a life insurance benefit or retirement accounts with your employer? While your savings may be limited, any life insurance benefit creates a sudden influx of assets to an estate and you will want to decide how to disburse these funds. 
• Do you have children? This by far is the strongest motivation for having a Will and Trust. Those documents allow you to appoint Guardians you are comfortable with to raise you children and ensure that any assets you can pass along to your children are used to their greatest advantage.

As you can see, there is much more to estate planning than determining who gets your money when you die. Take the time to consider what is best for you and your loved ones, and then make an appointment to speak with an estate-planning attorney. That attorney should take the time to answer all of your questions and explain in more detail the documents discussed in this article. Take their advice to heart, because that attorney is a person you will build a life-long relationship with and when unfortunate circumstances arise, will be there to assist and guide you and your loved ones through those difficult times.