3 Common Topics in Elder Law
Durable Power of Attorney:
Majority of Elder Law persists of having peace of mind knowing that you have a backup just in case a situation arises. Majority of elder clients want to insure that they are in fact prepared in the event of a long stay at a hospital or have to enter a rehabilitation facility. By executing a Durable Power of Attorney, this ensures that bills will not only be paid but it allows the client to have that peace of mind knowing that if someone mishandles their finances they can pursue legal action against their agent.
When handling Elder Law you will constantly be asked if Guardianships are necessary for their family members. Even though Guardianships are necessary, if you consult with an Elder Law Attorney Arlington TX trusts, the Courts do not have to be involved. With advanced Life Estate Planning you are able to create Trusts, and Estate Planning documents that allow you to direct whom you wish to care for your finances, guardian and Trustee’s without the Court’s approval, costs or interference with your family affairs. Majority of family members prefer to be the voice for their family member opposed to having the Courts determine who is best suited to provide for your loved one.
Do I have to have to Probate my will?
Yes. The majority of wills do in fact have to be probated if there are any assets to transfer title upon. It is so common that people have the misconception that just because they have a will there is not a need to Probate that will. The will is simply an instrument and provides direction to the division of assets. Probating the will and being sworn in by a Judge gives you the power to not only distribute the funds, but grants you the access to acquire those funds and obtain assets for disbursement per the will.
Thanks to our friends and contributors from Brandy Austin Law Firm, PLLC for their insight into elder law.