Showing 11 posts in Powers of Attorney.
Legal-Ease: What Happens to a Family Member's Bank Account After Death?
Dear Jonathan: My father, a widower, passed away a couple of months ago. Being his only child, he appointed me as his agent on his durable power of attorney so that I can handle his bill paying which I have been doing for the past two years. Read More ›
Categories: Estate Planning, Financing, Powers of Attorney
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Legal-Ease: Steps for When a Loved One Passes Away - Part Two
This is the second of three articles addressing the topic of what needs to be done when a spouse or loved one passes away. My last article addressed the immediate things that need to be done prior to the decedent’s funeral. This article and my third article address those things that don’t typically need to be done until after the decedent’s funeral. If the funeral is delayed, however, there should be no similar delay in addressing the matters that need to be addressed. Read More ›
Categories: Did you Know?, Estate Planning, Powers of Attorney
Legal-Ease: Steps for When a Loved One Passes Away - Part One
Dear Jonathan: Can you provide a general summary of what needs to be done when a person’s spouse or loved one passes away? Read More ›
Categories: Did you Know?, Elder Law, Estate Planning, Powers of Attorney, VA Aid & Attendance
Legal-Ease: What is the Downside of DIY Estate Planning?
Dear Jonathan: I am thinking about preparing my own estate planning documents, including a will, powers of attorney and a trust. A close friend of mine just went through this process and it cost her thousands of dollars and I really don’t want to spend that much money on attorney fees. I think I can figure it out by doing a little research and finding samples on the internet. I know this is your business and you probably don’t think do-it-yourself estate planning is a good idea but what is the downside of my trying to do this on my own? Read More ›
Categories: Did you Know?, Estate Planning, Powers of Attorney
Legal-Ease: What are my Responsibilities as Fiduciary of an Estate?
Dear Jonathan: My parents just updated their estate plan and told me that they named me in their wills, their trust and their financial and health care durable powers of attorney to act for them when they can no longer act for themselves. I am more than happy to help them, but I would like to know what my responsibilities are when acting in these various roles. When I asked them if they could explain what my duties would be they were not sure how to respond. Can you help? Read More ›
Categories: Estate Planning, Powers of Attorney
Parents: The Three Essential Legal Documents Your Child Should Have Before Leaving For College
In Michigan, the age of majority is 18 years. This means that when a person turns age 18, they are no longer a minor and are considered to be a legal adult. Consequently when your child turns 18, you no longer have the legal authority to make decisions for him or her, including financial and health care decisions. Read More ›
Categories: Did you Know?, Estate Planning, HIPAA, Powers of Attorney
Importance of Durable Powers of Attorney
When people decide to engage in estate planning, typically they focus on naming the beneficiaries of their estate and making sure their estate avoids probate when they pass away. In most cases, these concerns are addressed by the preparation of a will, a living trust and certain probate avoidance documents. Those standard documents are an important part of the overall estate planning process, however, durable powers of attorney for financial matters and health care are just as important for other reasons. In fact, regardless of whether they have an estate plan, every adult should have these two durable powers of attorney.
Read More ›
Categories: Estate Planning, Powers of Attorney
Survivor's Checklist: What to do When a Loved One Passes Away
When someone dies there are many important things that need to be addressed by the survivor or survivors, and some of those things that need to be addressed are time sensitive. Read More ›
Categories: Estate Planning, Powers of Attorney, VA Aid & Attendance
Power of Attorney: Who Needs One?
You may have heard the term 'Power of Attorney' being used before, perhaps by your doctor or a close family member. That person likely emphasized how important having one is. You also may be asking yourself, do I really need one? The answer is yes. Read More ›
Categories: Elder Law, Powers of Attorney
Tips for Avoiding Conflict with Family
No family is perfect. Families will fight, not speak to each other for extended periods, or in some extreme cases, face each other in court.
This is especially true as parents advance in age and as they become more dependent on their children for assistance, old conflicts can come back to the forefront, leading to quarrels among siblings as well as between parents and their children.
Often these disputes begin not out of greed but for a variety of other reasons:
- Internal difficulty in coping with a parent in decline
- Conflicts, power struggles and rivalries that are dug up from the past
- Disparities and inequities in the burden of care
- Disagreements in both medical decisions and in living arrangements
- Financial concerns over the care of a parent
Categories: Did you Know?, Elder Law, Powers of Attorney
Survivor's Checklist:
Due to the shock of the death of a spouse or a loved one, the steps of what needs to be done first can be an overwhelming process for the survivor(s). To aid in the breakdown and to act as a tool amidst the emotional days ahead, estate planning Jonathan "Jay" David has assembled a "Survivor's Checklist" of some of the important things that need to be addressed when a spouse or loved one dies.
Resources and Support for Older Adults Living Alone: A Comprehensive Guide (2024):
Below is a comprehensive guide of resources for older adults living alone, empowering them to thrive independently and access essential services. This guide was created and provided with permission by the National Council on Aging (NCOA).
Resources and Support for Older Adults Living Alone: A Comprehensive Guide (2024) (ncoa.org)
Elder Organizer Tool:
Foster Swift has created a free ‘Elder Organizer’ digital notebook to provide seniors and their caretakers with a toolkit that helps organize doctors’ appointments, medications, and more that can be shared online. The tools below are also available on the Elder Law Resources page.
*For those trying to access these links by smartphone, it is best practice to copy/open the link in a separate tab and download the free Google Sheets app from Google Play or the Apple Store.
COVID-19 Checklist:
For adult children responsible for their elderly parents and other senior caretakers concerned about protecting loved ones as the COVID-19 pandemic continues, below is a free downloadable checklist of steps to follow to prepare for any possible COVID-19-related illnesses among the most-vulnerable.
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E-book Covers Estate Planning Essentials
Engaging in estate planning, while essential, is often emotional and generates many questions. How do I protect my spouse and my children if something happens to me? What happens if I become disabled before I pass on? Who will take care of my pet after I'm gone? How do I pass my business on to my children? These questions and more are addressed in Jonathan David’s recently updated e-book, “Estate Planning: You Have to Start in Order to Finish.”
Need Help Planning?
For more tools, visit our Elder Law Resource page for additional content. Click here to view/download the Foster Swift estate planning brochure to see what our experienced team of attorneys can do for you.