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Special Needs Trusts can Help People With Disabilities
I find that most clients have some familiarity with the concept of estate plans, probate, guardianships and many of the other things we do at my law firm. However, one of our practice areas regularly puzzles people: Special Needs Trusts. Let’s look at these unique trusts and see what they can do.
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How to Avoid the Need for a Court Appointed Guardian or Conservator
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If you are an adult in Idaho and become unable to make your own decisions in life due to injury, illness, or some other form of incapacity, there are two basic ways in which another person becomes the stand-in decision maker for you. The first way is through the use of a previously written and signed Power of Attorney Document in which you will have stated who it is that should make your decisions for you if you cannot do so. That stand-in decision maker is called your “Agent” or your “Attorney in Fact.” However, if you have not previously completed valid Power of Attorney documents, a judge will need to appoint someone to become your decision maker through a court process known as Guardianship and Conservatorship. If a judge has to appoint your stand-in decision maker, that person will be called your “guardian” and/or “conservator.”
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Is Estate Planning More Important for Women?
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Let’s start by acknowledging that estate planning is incredibly important for every adult person in America. No matter what level of wealth, or lack thereof, and no matter what your gender, marital status, or age, if you are an American over the age of 18, you should have at least basic estate planning in place. By “basic estate planning” I simply mean the collection of documents that establish what will happen to you, your family, and the things you own if you become unable to make your own decisions (“incapacitated”) or upon your death.
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What Happens if you Handwrite Your Own Will in Idaho?
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From time to time in my practice as an estate planning attorney I come across a Last Will and Testament (a “will”) that is handwritten. If my client is the person who wrote the handwritten will, he or she is usually meeting with me due to a decision to formalize the estate plan. However, I am always asked in that scenario: “was my old handwritten will valid?” The answer, as it so often is with legal matters, is that it depends.
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How Wealthy Do You Need to be Before Setting Up an Estate Plan?
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One of the most common reasons that people believe that they do not need to prepare an estate plan is because they are not wealthy. However, for most adults, it is important to have a Last Will and Testament or a Living Trust (used to avoid probate), Financial and Health Care Powers of Attorney, and Advanced Directive documents, regardless of your net worth. Let’s look at just one of those important documents, a Last Will and Testament, to understand why it is important to have one.
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Where Should You Keep Your Important Legal Documents?
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So you have done the responsible thing by getting all of your estate planning documents in order and now you have to put them somewhere. So, where should that be? And, what should you do with those documents if you are traveling for an extended period of time? Let’s take a look.
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The Difference Between a Power of Attorney Document and a Last Will & Testament
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I’m often asked if a person needs a Power of Attorney document if that person already has a Last Will and Testament (“Will”). It is a good question. The simple answer for almost everyone is yes – you should have both a Will and a Power of Attorney document. Let’s look at what purpose each serve and why both are necessary.
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Organ Donation Should be Addressed in Your Estate Plan
As I read an article about a local family’s experience with organ donation on the front page of last Sunday’s newspaper, my mind went immediately to the many conversations I have had with my clients about this topic. There are several things I think we should all understand about how Idaho law addresses the issue of organ donation and how we can use our estate planning documents to help make sure our wishes on this topic are followed.
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Estate Planning Can Help Seniors Remain Independent
No one wants to be a burden on his or her friends and family. And no one wants to lose his or her independence. Yet, so many of my clients express deep concern about both. Seniors want to ensure that their families are not disrupted when the complications of life occur. Be it a fall and injury, the onset of dementia, an unexpected chronic illness, or just loss of energy and slowing down – seniors do not want their problems to effect those around them. Many of the seniors I work with have spent the bulk of their lives caring for others. They are rarely ready to be cared for themselves. My clients are often very realistic about the possibility that they need help with certain things or may even have to move out of their home at some point to receive adequate care. However, they also want and deserve to have the most important voice in those decisions.
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