A Simple Estate Plan Can Be Useful For Peace Of Mind
There are many uncertainties when you are separating or divorcing. What if you suddenly become unable to speak or make decisions on your own and cannot manage your finances or speak for yourself regarding your medical treatment? You no longer have your spouse to rely on for help. Now that you are on your own, the “what-ifs” may be keeping you up at night, especially if you have young children.
Who will ensure you get the medical treatment you desire? Who will handle your bills? Who will step in and care for your children when they are not with their other parent? A basic estate plan with a durable financial power attorney, medical directive and simple will or trust can provide the answers you may need at this time.
In addition to providing legal advocacy to complete your divorce and child-related concerns, our attorneys at Cheltenham Law, PLLC, provide services for drafting:
- Financial powers of attorney – You appoint a trusted agent to take care of your financial and legal matters in case you cannot do so yourself; there are several types of POAs, depending on your needs; you remain in control until such time as you designate in your POA.
- Advance directives – There are two types of documents that address your wishes for medical treatment; a durable power of attorney for health care (DPOA-HC) and “Do Not Resuscitate” (DNR); generally, you may use a living will in conjunction with one or both of these legal documents.
- Wills – A legal document that provides your designation of a personal representative and your wishes for distribution of your assets; you may also nominate your choice of guardian for your children if they are still minors
- Trusts – Irrevocable, revocable, special needs, and even pet trusts, are some of the types of trusts that can make it easier for you to protect your family’s financial future when you are no longer here to provide for them.
Legal Help For Guardianships And Conservatorships In Michigan
Sometimes, incapacitated adult children or parents will require the appointment of a guardianship by the probate court for their care; if you have a child who is disabled, you may need to have the court appoint you as their guardian when they become adults so you can continue to provide the legal and physical care they need.
If your loved one can no longer care for themselves or loses the ability to make informed choices – and does not have durable powers of attorney or medical directive – you may need to petition the court for a conservatorship over their property, finances and legal decisions.
The probate court oversees guardianships and conservatorships in Michigan. While one person can be the guardian and conservator of an incapacitated person, these are intricate processes that must be heard in probate court. Working with an experienced lawyer at Cheltenham Law, PLLC, can facilitate the process.
Compassionate Assistance Following The Death Of Your Loved One
Michigan probate law also directs the procedure for handling your loved one’s final affairs such as distributing their assets and paying their debts after they die. Not everyone’s estate will go through formal proceedings in probate court. If your loved one did not have a will or a trust, there may be a few extra steps. For legal guidance, call Cheltenham Law, PLLC, in East Lansing, at 517-652-0007 or send an email to initiate a consultation.