How do I control what my attorney-in-fact can do on my behalf? You can tailor your Durable Power of Attorney for finances to fit your needs by choosing which powers you grant and by placing certain conditions and restrictions upon the attorney-in-fact. For example, you can give your attorney-in-fact authority over your real estate, with the express restriction that your house may not be sold. By Sandra McCarthy|February 26th, 2021|Financial POA FAQs|0 Comments Read More
What happens if I don’t have a power of attorney? The main reason to create a Durable Power of Attorney for finances is to avoid court proceedings if you become incapacitated. If you don’t have a Durable Power of Attorney, your relatives or other loved ones will have to file formal court proceedings and ask a judge to name someone to manage your financial affairs. [...] By Sandra McCarthy|February 26th, 2021|Financial POA FAQs|0 Comments Read More
How will my doctor determine I can’t make decisions for myself? Doctors evaluate your decision-making based on your ability to understand treatment options and communication of your wishes. By Sandra McCarthy|February 26th, 2021|Healthcare Directive FAQs|0 Comments Read More
How long is an advance healthcare directive valid? An Advance Healthcare Directive is valid forever, unless you revoke it or state in the form a specific date on which you want it to expire. By Sandra McCarthy|February 26th, 2021|Healthcare Directive FAQs|0 Comments Read More
Can I change my healthcare directive agent? You can change your advance healthcare directive agent before you are incapacitated. However, you must make this change in writing and tell your healthcare provider. Therefore, while this is an important decision you should take seriously, if you fall out with a previously chosen agent, you can replace them. By Sandra McCarthy|February 26th, 2021|Healthcare Directive FAQs|0 Comments Read More
What protections does a special needs trust offer? Funds used to create a special needs trust are tax-deductible. Creditors also may not file a lawsuit against a special needs trust for monies owed. Special needs trust funds are used for the beneficiary. By Sandra McCarthy|February 25th, 2021|Special Needs Trust FAQs|0 Comments Read More
Should I make a California living trust? Many individuals choose to create a living trust so their estate can avoid probate upon their death. Oftentimes, probate is an expensive and complicated process that your family has to take care of after you pass. Plus, if you create a living trust, you can make it revocable. In other words, you have the option [...] By Sandra McCarthy|February 25th, 2021|Living Trust FAQs|0 Comments Read More
Does a trust protect against creditors? With a will, you need to file a public notice of death to allow creditors the opportunity to file a claim for monies owed against your estate. However, the administration of a trust does not require public notice. Certain trusts offer protection against creditors and limit their reach in regards to trust assets. When an [...] By Sandra McCarthy|February 25th, 2021|Living Trust FAQs|0 Comments Read More
What can special needs trust assets be used for? Trust assets may be used to buy a variety of goods and services for your loved one such as: personal care attendants out-of-pocket medical and dental expenses physical rehabilitation education home furnishings vacations recreation vehicles and other incidentals By Sandra McCarthy|February 25th, 2021|Special Needs Trust FAQs|0 Comments Read More
Where should I keep my will after I sign it? Keep your will in a safe, easily accessible place after it is signed. Be sure the executor you appointed knows where it is kept. By Sandra McCarthy|February 25th, 2021|Will FAQs|0 Comments Read More