Legal Considerations

Legal Planning

As you or your loved one’s age, it is very important to have an Estate Plan in place. The Estate Plan needs to be in place before any kind of health event.

A comprehensive Estate Plan will; protect assets, the “stuff” you have accumulated, designate someone to make medical decisions, if you become incapacitated, avoid probate, ensure a smoother transition of your assets and more.

Have you downloaded the template?
This will help guide you through this site. Learn More: www.aplan2age.org/plan.

Find Help with Estate Planning

Elder Law Attorneys will assist in giving you an understanding of the Estate Plan and assist in creating the needed documents. Enter your location into the National Academy of Elder Law Attorneys (NAELA) to find an attorney near you.

Have you downloaded the template?
This will help guide you through this site. Learn More: www.aplan2age.org/plan.

Parts of the estate plan

WILL

A Will, also know as a Last Will and Testament, is a legally prepared and bound document that states your intentions for the distribution of your assets and wealth after your death.

Trust

Living trusts help distribute your assets and provide for your beneficiaries while keeping your family out of probate court. Since there is no involvement with probate court, they offer more privacy. Revocable living trusts allow you to change your terms if you choose.

Living Will

A living will outline a person’s wishes for medical treatment and health care decisions if they’re unable to communicate their wishes. They are written, legal instructions regarding your preferences for medical care if you are unable to make decisions for yourself.

This is a starting point and can be amended at any time. This is how you want your loved ones to handle your financial wishes when you pass away.

Health Directive

Very important in the case you have a health emergency, and you are not capable of making your own medical treatment decisions. This should be someone very close to you, either a spouse or child.

Power of Attorney

A power of attorney (POA) is a legal document that gives someone else the authority to act on your behalf in financial, medical, or other matters. This should be someone very close to you, either a spouse or adult child.

Other Potential Legal Needs

If you find yourself needing to manage the financial, personal affairs, and/or care of another person, here are some options to review:

Guardianship

There are two main types of legal guardianship, both of which consist of appointing a person to act on behalf of another. In this case, this would include guardianship of a person. The individual is expected to act responsibly as caretaker. This should be someone very close to you, either a spouse or child.

Conservatorship

Conservatorship is a legal status in which a court appoints a person to manage the financial and personal affairs of an incapacitated person. A conservator may also serve as a guardian who is responsible for establishing and monitoring the physical care of the individual and managing their living arrangements.

Contact Info

(925) 984-0118

Quick Links

For this week's hot topic: