You may think that once you have created your estate plan, you can put it away and not think about it again. This is not the case. Perhaps your attorney put together the most suitable estate plan given the circumstances at the time – but circumstances change. External circumstances change, as well as your own personal circumstances. All of these should be reflected in your estate plan....
What
is the difference between a will and a living will? A
will is a document that springs into action when you die. It has no legal
effect while you’re alive. On the other hand, a living will is a document that
dictates what course of action to take when you are terminally ill, or in a
persistent vegetative state and unable to make decisions on your own behalf. Is
there anything special about...
What is a Power of Attorney? Powers of Attorney are legal documents that allow someone else (an agent) to act on your (the principal’s) behalf. The agent designated in the document should put your needs ahead of theirs, which is why it is important to choose someone you trust to have your best interests at heart. Does a Power of Attorney survive after death? A Power of Attorney does not...
Many people think that estate planning is just a Will, but a Will is only one part of it. A Will only comes into effect after you die and concerns the division of your assets and property. There are other elements of estate plans such as Powers of Attorney and Living Wills that apply while you’re still alive and ensure that you continue to live in the way you want, even if you can no longer...
What are guardianships and conservatorships? They ensure legal protection for minors,
disabled people, or those who are incapacitated. Guardianships concern
decisions regarding the healthcare or medical care of a person of any age, or
the care of a minor child. Conservatorships concern financial decisions for
someone who is incapacitated due to illness, injury, or disability. Why...
This particular case study is very close to my heart. My mother was a Mescalero Apache and my father was of Irish descent. As a fair-haired, mixed-race child myself, I felt deeply for the child in this case and fought hard to give her the life she deserved. The challenge My clients Ted and Anna (not their real names), who lived in
Colorado, came to me about the case of their granddaughter Mary...
The challenge I was approached by a family whose son had just passed away.
There was a conflict over the probate of the estate between the parents and the
son’s partner. This was a very difficult time for the parents, who had just
lost their son and they now had to face the additional emotional distress of
the son’s partner contending the probate of the estate because she felt
entitled to a...
The killing of George Floyd by the Minneapolis
police has sparked nationwide unrest and months of protest. It also got me
thinking about my own actions and how they align with my values with regard to
fighting racism and other societal injustice. I wanted to share one action that
I took, which I am proud of. I’m not holding myself up as an example, but I
wanted to share one way we can all make...
The living will is an integral part of any estate plan. It provides a sense of agency and control at the end of life. It is self-described as a “form may be used to make your wishes known about what medical treatment or other care you would or would not want if you become too sick to speak for yourself.” There has never been an easy or straightforward way in which to deploy a living...
