1.  Durable General Power of Attorney:  This Power of Attorney is created so that someone can manages finances for you.  For the most part, this takes affect the minute it is signed.  It does not matter if you become incapacitated the next day.  There is typically a statement in the document that says something along the lines of: “This power of attorney is a durable power of attorney, and it shall not be affected by my becoming disabled, incompetent or incapacitated or the lapse of time.  It is my intent that the authority conferred herein shall be exercisable notwithstanding my physical disability or mental incompetence.”

Often times this is what a husband and wife will use for each other.  I do recommend to my clients to check with the banks they maintain their accounts with if they require their own form to be signed in addition.  Although it is not statutorily required, I have occasionally seen some local branches of banks require an in house form to be executed as well.  If you need to do this please remember to put the agents in the same order.  It is going to potentially create some serious problems if your daughter is named as first in one and second in the other!

2.  Springing Power of Attorney: This takes effect when the person creating the document becomes incapacitated.  It can be signed today and in three years from now when the person is incapacitated it becomes a document that can be used by the agent but not before then.  Typically two doctors are needed to certify incapacity.  If you no longer are incapacitated, the authority is revoked until the future if it is ever needed again.

3.  Healthcare Power of Attorney: This document names a person to make medical decisions.  This person is called an agent whom is essentially stepping into the shoes of the person signing the HCPOA and makes the decision that person would have normally made for him or herself.  I always suggest to make certain you tell everybody that is close to you, family, friends, even the agent that you appoint, what your wishes are.  Even though it is in the document it’s a tough decision to make.  So if they know and everybody else knows it’s a much more comfortable decision to be able to make.

This authority typically kicks in when either a doctor that has been named (or if left blank the doctor attending to you), determines that you lack capacity. The duration of the authority granted via the power of attorney can also be limited.  The language would read similar to this:  “If I am unable to make health care decisions for myself when this power of attorney expires (on the date I may have inserted above), the authority I have granted to my agent and attorney-in-fact continues to exist until the time I become able to make health care decisions for myself.”

Every estate plan should include both a Power of Attorney for finances as well as medical decisions.  It is important that your estate be managed after your death, but you may also need assistance while you are still alive.

If you need to revise these documents or create them for the first time, call our Estate Planning firm in Charlotte, North Carolina at 704-843-1446 and we will be happy to assist you in getting your affairs in order.

The following persons (summarized from the statute), in the order indicated, are authorized to consent to medical treatment on behalf of a patient who is comatose or otherwise lacks capacity to make or communicate health care decisions:

(1) Parent or guardian if patient is a minor;

(2) Health care agent;

(3) Legal Guardian of the Person;

(4) Attorney in Fact with power to make health care decisions;

(5) Spouse

However, if you take the time today to execute your Health Care Power of Attorney then you are in control of who makes your medical decisions if you cannot. You can move your Spouse to the top by naming him or her as your health care agent…if that is your choice.

If you do not have this document in place, please contact our office at 704-843-1446 so that we can help you put the proper person in place to help you.  The important point here is to keep control!

I tell my clients who have minor children all the time to make certain that whomever is caring for your child, that they have the proper forms to present in case your child needs something while you are not there to do it yourself. There is also information that should be immediately known when asked.

1. Health Care Power of Attorney for Minor: This document allows you as the parent of a minor child to name a person to make medical decisions for your child when you are not available to do so yourself. It can be as inclusive or limiting as you would like it to be. If you have multiple children, they each should have one. It should be on file with your pediatrician. I would suggest naming whatever family member typically watches your child. When it comes to naming a nanny or babysitter, I would hesitate doing so until you have had a full discussion with your Charlotte estate planning attorney. There could be some decisions you don’t want them making.

2. Complete the forms that your pediatrician requires: I asked my pediatrician what they required. Or course they said the Health Care Power of Attorney for Minors would be enough. But, if I did not have that, then they have a Parental Consent to Treat for Minor or Incapable Adult form as well as more permanent authorization. Each form has specific details to include and should be read very carefully before submitting it. Of course each pediatrician will have there own form, so ask yours directly.

3. Every possible phone number to contact you. In this case, too much information is a good thing.

4. Child’s blood type: Many parents don’t even know this off the top of their head. In case of a serious accident, this would be some big information to know immediately.

5. Medical and or food allergies: If your child ends up in the emergency room, whoever takes them should know what allergies to medication the child has and or any food allergies. There are some medications that cannot be given if the child has a food allergy.

If you would like additional information on how we can help put together a complete plan so that you child is protected, contact our Charlotte estate planning office at 704-843-1446 and we will be glad to chat with you!

“Does dad consider living with Alzheimer’s or Dementia to be quality of life?”

“Is there legal documentation in place that ensures someone can act financially on mom or dad’s behalf if they are unable to?”

These are just two of many questions that experts are urging adult children to ask their parents

during Alzheimer’s and Dementia Awareness Week (February 14th- 21st).   Without the answers to such questions, families could be left battling over long-term care, struggling financially and not truly honoring their parent’s wishes should the disease unexpectedly strike.

So many families avoid talking about Alzheimer’s or Dementia until it’s too late.  From a legal standpoint, if you don’t know your parents’ wishes or the documentation they have in place, you could be left with a huge burden on your hands in the wake of this debilitating disease.

There should be 5 specific conversations adult children should have with their parents as soon as the opportunity presents itself.  They comprise the following:

1. Long-term care preferences

Does mom or dad want to live in a nursing home or would they prefer in-home care if the need presented itself?  If they prefer a facility, what amenities and activities are important to them at this point in their life?  These are questions that if discussed in advance can make the transition into an assisted living facility or a home-health care program much easier on everyone when the time comes.

2. Current Legal Documentation

It’s imperative that adult children find out what legal documentation their parents have in place before incapacity occurs.  This includes making sure their parents have a power of attorney, health care directive and HIPAA forms so someone can easily step in to make financial or medical decisions on their behalf.  Otherwise the family will be forced to petition a court for control over their parent’s affairs if they have passed the point of legal capacity.

3. Medical Preferences and Wishes

Adult children are urged to find out what type and how much medical care their parents want after receiving a diagnosis of Alzheimer’s or dementia. Do they have specific wishes about life support or other end-of life medical treatments?  Who do they want to make such decisions on their behalf?  The answers to these questions will help your parents to feel secure knowing their wishes will be carried out during an otherwise emotionally-charged time.

4. Current state of financial affairs

To ensure finances stay properly managed after a diagnosis of Alzheimer’s or Dementia, adult children should use this week to start asking tough questions about their parent’s financial affairs.  This includes finding out the location of any safety deposit boxes, bank accounts, investment or brokerage accounts, outstanding debts or other assets unknown to the family.   Otherwise, necessary assets needed to cover long-term care or other expenses could be overlooked when memory loss ultimately occurs.

5. Important contacts and information

While their memory is sharp, adult children should work with aging parents to compile a list of important contacts and information that will be useful to the family if memory loss occurs. This includes documenting key doctors, professional advisors (ie. accountant, attorney, financial advisor) and important passwords for online accounts.

While these conversations are certainly not easy to have, families can make the transition into living with Alzheimer’s or Dementia much easier by simply planning ahead not to mention, mom or dad will appreciate your willingness to make sure their wishes are honored if and when incapacity occurs.

Charlotte, North Carolina:   While many people focus on getting out of debt or getting organized for the New Year, estate planning is an equally important personal finance goal that should make every adult’s to-do list.

That’s because according to Charlotte estate planning lawyer, Sabrina Winters, far too many area residents are without plans to protect their family, wishes and assets should something unexpectedly happen to them.  A recent lawyers.com survey further reveals that only 35% of adults have a basic will or other estate planning documents in place should death or incapacity occur.

“Contrary to popular belief, estate planning isn’t just for the rich,” says Winters .  “At a bare minimum, every adult needs a basic will, power of attorney and health care directives in place to avoid a legal and financial stresses and obstacles if something unexpectedly happens to them,” she adds.

So what are these documents and how do they help you in a time of emergency?  Winters explains the following:

• Will- A will is a document that specifies what should happen to your assets if you pass away.  A will may also contain guardian nominations to dictate who will care for your minor children if something unexpectedly happens to you.

• Trust- A trust is a legal entity that can hold title to property. With your assets securely placed in a living trust, you can minimize your financial exposure to lawsuits, divorce and bankruptcy while alive.  Upon death, a trust (if created and funded properly) will keep your affairs private and out of the probate court.  It also allows a great deal of control for people who do not want their inheritance going outright to their heirs if something unexpectedly happens.

• Power of Attorney- A power of attorney or POA gives explicit permission for someone to access your personal accounts, pay your bills and handle all other financial and legal affairs if you are incapacitated in an accident but do not die.   Under the current privacy laws, even a spouse may have a hard time accessing personal information without such documentation in place.

• Advanced Health Care Directive- Also known as a living will, this document specifies your healthcare wishes if you are incapacitated in an accident and unable to speak for yourself.  Such wishes may range from whether you want certain medications administered to when (if at all) to start life support in critical situations.   This document also allows you to appoint the person best suited to carry out such wishes should incapacity occur.

“Accidents and serious illness happen every day without warning,” says Sabrina.  “That’s why it’s so important for any adult who has not tackled their estate planning to add it to their resolutions this year.  It will save their family from potential headaches and unexpected costs should the unthinkable happen”.

About Sabrina Winters:  Winters is a wife, a mom, a business owner and the Senior Attorney at Sabrina Winters, Attorney at Law, PLLC…an Estate Planning and Probate law firm located in the beautiful Ballantyne area of Charlotte, North Carolina.  Winters has been assisting clients in all areas of Estate Planning for over a decade.  Some of her services include:  Wills, Trusts, Probate,Tax Planning, Planning for Children and Succession Planning for business owner

However, in today’s mobile society, more and more retired people reside in more than one state during the year for reasons other than the weather.  Not just fleeing for short spurts.  Who can resist those grandchildren?!

If you consider yourself a “snowbird”, it is important for you to find out whether your current estate plan is going to work for you as you planned.  When it comes to planning for a dual residence client, it is important to address issues and develop a plan that will work effectively in both states.

Most understand how critical it is to have up-to-date medical directives, durable powers of attorney, designation of a health care advocate and a living will.  However, what you may not know is that each state has its own set of laws and rules, which may mean that your documents may not work as you planned in your secondary residence state.  Even if the documents meet the technical requirements of the other state, a hospital or doctor may not choose to honor the documents (for whatever reason), which may mean your decisions regarding end-of-life, or disability care may not be honored.

If you are a dual resident, living in North Carolina as well as another state, it is important to talk with not only an experienced Charlotte estate planning attorney but also an experienced estate planning attorney in the dual resident state.  Working together, they can provide specific direction regarding individual state requirements. In addition, if your will or trust was created before you owned property in another state, be sure to call and make an appointment with your Charlotte wills attorney to go over your will or trust to make sure that it will work just as you planned.

Contact:  Sabrina Winters

Phone:  (704) 843-1446

Email:  swinters@sabrinawinterslaw.com

With the stores crowded, traffic horrendous and holiday parties in full swing, the period between Thanksgiving and New Years Day is undoubtedly one of the most dangerous travel times of the year.  Charlotte lawyer, Sabrina Winters, urges families to be prepared by making necessary updates to their will, trust or other estate planning documents prior to the hustle and bustle of the season.

Charlotte, North Carolina – It is that time of the year again where the stores are packed, traffic is horrendous and holiday parties are in full swing.  And no matter what holiday you celebrate, this is certainly not the safest time to be out and about on the roads.

Between Thanksgiving and New Year’s Eve in 2002  alone, alcohol related crashes killed 1,561 people. That does not even account for the people who were simply injured or incapacitated for any length of time from their injuries.

According to Charlotte estate planning lawyer, Sabrina Winters, the holidays are the perfect time to make sure your will, trust or other estate planning documents are updated so your family stays protected should something unexpectedly happen to you.

“The holidays are a really smart time to make sure your estate plan is exactly how you want it to be should something unexpectedly happen to you and/or your spouse,” says Sabrina Winters,  ”Without an updated estate plan, your children could be left at the mercy of the courts, your assets in limbo and your physical or medical wishes may not be honored in the event of an accident,” Sabrina Winters adds.

Specifically, Sabrina Winters offers four things to consider when updating your estate plan prior to the holiday season:

1. Guardianship nominations:  Have you named guardians to care for your children if something happens to you?  Have you made sure those guardians will have the financial resources to care for your kids in your absence?  Are you even happy with the people you originally chose to care for your kids?  Sabrina Winters says if you answered no to any of these questions, it is time to pull your plan out of the drawer and make a few key changes.

2.  The effect of marriage, divorce or remarriage:  Is your ex-spouse still set to get half of what you own according to the directions of your prior estate plan?  If so, according to Sabrina Winters it is time to update!  Sabrina Winters recommends reviewing your plan carefully to make sure your beneficiaries are exactly as they should be in case something unexpectedly happens to you.

3.  Are your assets owned properly in the name of your trust: If you have a trust, Sabrina Winters says now is a great time to take an inventory of your assets and make sure they are owned properly in the name of that trust.  This is one of the most common reasons an estate plan will fail at the end of a person’s life.

4.  Do you have medical directives and POA’s if you are incapacitated?  If you are incapacitated in an accident but do not die, Sabrina Winters advises that you will need clear medical directives and power of attorney forms so someone you trust can make medical and financial decisions until you are able to speak for yourself.  If medical directives and POA’ were not included in your original plan, speak with a qualified attorney to have them drawn up before the hustle and bustle of the season starts.

“An updated estate plan is the greatest gift you can give to your family over the holiday season, ” says Sabrina Winters.  ”It is the only way to make sure your children, assets and wishes will stay protected should something happen to you during this dangerous time of the year.” Sabrina Winters adds.

For more information about Sabrina Winters, please visit www.ncestateplanninginfo.com or call (704) 843-1446.

Bio:

Sabrina Winters has been assisting clients with all their estate planning needs for over ten years. As a woman, a mom, a wife and business owner, she brings her personal experiences as well as legal experiences to her clients.  Regardless of what stage in life you are or your asset level, Sabrina Winters has the experience and skills to plan for your particular needs.

Youth is often used as an excuse for putting off doing a Last Will and Testament or a Living Trust.  The thing is, that estate planning is not just about planning for your death; it also includes planning for yourself personally in the event you experience an incapacitating injury and are unable to make your own financial or medical decisions.  While the odds are certainly in your favor that you will not need an estate plan (we are all invincible when we are young!), you should still consider these four scenarios…

1.  You need a plan in the event that you become disabled or incapacitated.

Unfortunately tragedies happen every day, many of which are out of our control.  And you are not immune to them because you are young.  Just turning on the local news will be evidence of that.  If something happens to you and you are no longer able to make decisions regarding your own financial, legal, and medical affairs you will need to make sure that there are basic documents in place (such as a medical directive, power of attorney and HIPAA authorization) so someone can make life decisions for you.

2.  You need to pass your assets.

You might be asking, “What assets?”  Even if you do not yet own your own home, you need to consider IRAs, retirement accounts and life insurance policies offered through your employer. You need to make sure that beneficiaries are named in the right way so that the people you want to leave them to get maximum benefit.

3.   You need to name guardians for your kids.

If you have children, you simply must name guardians.  You should be the one who decides who will raise them if you are no longer around.  You do not want this decision left to squabbling relatives or to a court system that doesn’t know you, your child or your family dynamic.  You might be thinking that everyone in your family loves your children, that there won’t be any problems.  If they all love your children, they will all probably want to raise them, right?  If they all want the same thing, this will have the potential of becoming a battle…do you want your children to be put through that after having lost their parents?

4.  You need to plan for your pets.

If you have a pet, chances are they are a big part of your life.  They are totally devoted to you and also totally dependent on you.  Have you stopped to think what might happen to them if something were to happen to you?  If you want to make sure your companion is cared for if the unexpected happens, you could choose to put together a plan for their continued care.  The plan may include directions about feeding, medical care and other needs along with funds necessary to provide for your pet’s support and to compensate the caretaker.

The scenarios above are just a few to consider when educating yourself on the importance of having a Last Will and Testament or a Living Trust.  I encourage you to talk with a Charlotte, North Carolina wills and trusts lawyer.  Only then will you have the peace of mind of knowing that you are fully protected.

1.  The cost is ridiculously inexpensive (you do get what you pay for!);

2.  You can create a document 24/7;

3.  No extra fees to pay an attorney to do what seems to be a pretty easy job…just answer a few pop up questions;

What these programs do not assist you with is:

1.  Going beyond the basic questions that need to be asked;

2.  Thinking through the next step;

3.  Suggest what might be a more appropriate option for your personal situation;

4.  ANSWER YOUR LEGAL QUESTIONS!!!

Number 4 above is what prompted me to write this blog today.  I received an email from an individual who wanted to find out about recording a power of attorney in North Carolina that she just recently had created for her mother.  When I asked her why she didn’t speak with the attorney who drafted the document for her she told me that she had it created on-line by a well known company and that she thought the next step was to record it in North Carolina.  The problem here is that she is asking for legal advice on a document that was created outside the guidance of a North Carolina attorney and more importantly not by me.  Why is it important that I did not create the document?  Well, if I had done it for her I wouldn’t now  have to ask her:

1.  Is your mother incapacitated?

2.  What type of Power of Attorney is it?

3.  What does the power of attorney say?

You do not receive the legal advice that is required to properly draft these types of Estate Planning documents from an online service.  It is the foundation of having a document that will actually work when it needs to be used.  In the long run she may actually pay more than what she would have if she consulted a licensed North Carolina attorney in the first place.

Have any additional questions, contact us at (704) 843-1446 for a free phone consultation!