MYTH: I have a Will, so if I lose decision-making capacity while I'm alive, my executor will just pay my bills and manage my finances. FACT: A Will has no legal effect until you die. The executor of your Will has no power or authority whatsoever to make any financial or legal decisions for you while you are still alive. If you want your executor or another person to make these sorts of decisions on your behalf if you lose capacity, you must appoint them as your attorney under a valid Power of Attorney document. MYTH: I'm married, so if I lose decision-making capacity while I'm alive, my husband/wife will just pay my bills and manage my finances. FACT: Marriage does not override the requirement for a Power of Attorney. If you lose capacity or otherwise require assistance with financial decisions, your spouse will not automatically be authorised to make these decisions for you. Instead, they would be required to apply to the NSW Civil and Administrative Tribunal (NCAT) for a financial management order which can be a long and complex process. MYTH: I have appointed an attorney under a Power of Attorney document, so if I lose decision-making capacity, my attorney will decide where I live and what healthcare I receive. FACT: In NSW, an attorney cannot make health, medical or lifestyle decisions for you. In order to appoint someone to make these decisions for you if you lose capacity, a separate document is required, namely an Appointment of Enduring Guardian document. Contact us today to discuss your estate planning needs. #Wills #estateplanning #powerofattorney #enduringguardian #newcastle #portstephens #funfacts #legalservices
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To plan or not to plan, that is the question... Planning for the future is a critical step to ensure your wishes are respected and your loved ones are protected. Whether it’s writing a will, setting up a Lasting Power of Attorney, or organising your estate, taking these steps now can prevent many potential issues down the road. Why Planning is Important: * Planning allows you to clearly outline your wishes regarding your assets, healthcare, and personal affairs. * Ensuring your family is taken care of according to your wishes can provide them with security and peace of mind. * A well-prepared plan can prevent misunderstandings and conflicts among family members. What Can Go Wrong Without Proper Planning: * Without clear instructions, family members may disagree on how to handle your affairs, leading to conflicts and potential legal battles. * Lack of planning can result in financial strain for your loved ones, as they may face unexpected expenses or complications in accessing your assets. * If you become incapacitated without a Lasting Power of Attorney in place, decisions about your health and finances may be made by someone you wouldn’t have chosen. Don’t leave your future to chance. Take control by planning ahead to ensure your wishes are respected and your loved ones are cared for. For more information or to start planning today, get in touch with me. I am here to help and advise you every step of the way. 📞 (0115) 8244960 or visit Hannah Howe Solicitor - Planning. #FuturePlanning #EstatePlanning #LegalAdvice #PeaceOfMind #HannahHoweSolicitor #Bramcote, #Nottingham
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🌟 Estate Planning: It’s Not Just for the Wealthy! 🌟 Think estate planning is only for those with a large fortune? Think again! Estate planning is crucial for everyone, no matter the size of your assets. Let’s simplify it: 1⃣ Start with a Will – Ensure your assets are passed down according to your wishes, preventing potential conflicts. 2⃣ Think About Trusts – Gain more control over how your assets are managed and distributed, while reducing taxes. 3⃣ Set Up Healthcare Directives – Make sure your medical choices are honored if you can’t make decisions yourself. 4⃣ Establish Powers of Attorney – Designate someone you trust to handle your financial and legal affairs if you’re unable to. 5⃣ Regularly Review Your Plan – As life changes, so should your estate plan. Update it after major life events like marriage, children, or changes in finances. ✨ Don’t leave your future to chance—start planning today for peace of mind tomorrow. Your legacy matters. 🌿 ☎: 203-463-2778 💻: legacylawpartners.com 📍: 336 State Street, Suite 1, North Haven, CT 06473 #EstatePlanning #SecureYourLegacy #ProtectYourFuture #WillsAndTrusts #FinancialPlanning #LegacyLaw #PeaceOfMind #PlanAhead #LegalTips #FamilyProtection
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There's a common misconception floating around that if you're married, own a modest amount of assets, and want your belongings to go to your children, estate planning isn't necessary. The myth that modest estates don't require estate planning stems from misunderstandings about how estate distribution works. Without an estate plan, your estate goes through probate, a court-supervised process that can be lengthy, costly, and public. Probate can be especially complicated for even modest estates due to the intricate laws of California, which may differ greatly from other states’ laws. . Why Estate Planning is Crucial . 1. Protecting Your Children’s Future: An estate plan allows you to appoint a guardian for your minor children, something that's decided by the courts if you haven't made your wishes legally known. . 2. Avoiding Probate: With the proper estate planning tools, such as a living trust, you can help your estate avoid the probate process entirely, ensuring your assets are distributed efficiently and privately according to your wishes. . 3. Reducing Family Conflict: Clearly stated wishes in an estate plan can greatly reduce the potential for misunderstandings and conflicts among your loved ones. . 4. Financial Management and Health Care Decisions: Estate planning also includes creating durable powers of attorney for both finances and health care, which allow someone you trust to manage your affairs if you're unable to do so. . Also, consider assets that you might not think of as needing to be included in an estate plan, such as digital assets, online accounts, or family heirlooms. These items often carry emotional value that far exceeds their monetary worth, and deciding who they go to can prevent disputes and ensure they're treasured by the intended recipient. #estateplanning #trustsandestates #estateplansforall Full post: https://lnkd.in/gS8SmE-j
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🔐 Planning for your future means peace of mind for you and your loved ones. Here are the 5 essential estate planning documents you need to secure your legacy: 1️⃣ Will: Your last will and testament outlines how you want your assets distributed after you pass away. 2️⃣ Revocable Living Trust: Allows you to transfer assets to beneficiaries without going through probate, offering privacy and control over your estate. 3️⃣ Advance Directive: Also known as a living will, this document specifies your healthcare preferences if you become incapacitated and unable to make decisions. 4️⃣ Durable Power of Attorney for Finances: Designates someone to make financial and legal decisions on your behalf if you're unable to do so yourself. 5️⃣ Durable Power of Attorney for Medical: Designates someone to make health care decisions on your behalf if you're unable to do so yourself. Don't wait until it's too late! Consult with an estate planning attorney to safeguard your future. #EstatePlanning #Legacy #PeaceOfMind 💼📜
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An effective estate plan should include the following five core documents: Last Will and Testament Specifies how you want your assets distributed after your death. Names guardians for minor children. Appoints an executor to manage your estate. Durable Power of Attorney Designates someone to manage your financial and legal affairs if you become incapacitated. Ensures that your bills are paid and financial matters are handled. Healthcare Power of Attorney (Medical Power of Attorney) Appoints a person to make medical decisions on your behalf if you're unable to do so. Includes instructions for your healthcare preferences. Living Will (Advance Healthcare Directive) Provides specific instructions regarding end-of-life care and medical treatment preferences. Helps guide your healthcare agent and medical professionals in making decisions aligned with your wishes. Revocable Living Trust Manages your assets during your lifetime and specifies how they will be distributed after your death. Helps avoid probate, providing a more private and potentially quicker distribution process. Can include instructions for managing assets if you become incapacitated. These documents ensure that your estate is managed according to your wishes, provide for your loved ones, and address potential legal and healthcare decisions during your lifetime. #EstatePlanning #EstatePlan #WillsAndTrusts #LegacyPlanning #FinancialPlanning #WillPreparation #TrustPlanning #AssetProtection #RetirementPlanning #WealthManagement #InheritancePlanning #LegalAdvice #FamilyTrust #LivingTrust #EstateAttorney #ProbateLaw #EstateLaw #FuturePlanning #ElderLaw #PlanAhead
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As we approach the end of the year, it’s crucial to take a moment and review your legal documents! ✨📅 This is the perfect time to ensure that your wills and estate plans are up to date and reflect your current wishes. Life changes such as marriages, births, deaths, or even shifts in financial circumstances can impact your estate plan. A thorough review can provide peace of mind and help avoid complications for your loved ones down the line. Here’s what to focus on during your review ⤵ 🟢Update Beneficiaries Make sure the beneficiaries listed in your will and on any financial accounts reflect your current intentions. 🟢Review Powers of Attorney Check if your chosen agents are still appropriate for medical and financial decisions in case you are unable to make them. 🟢Assess Your Assets Evaluate your current assets and liabilities to ensure your estate plan accommodates any changes. 🟢Consider Trusts If you’ve had a change in circumstances, it may be time to explore trusts as a means of asset protection or tax efficiency. 🟢Legal Language and Validity Ensure all documents are properly signed and witnessed according to state laws to avoid disputes. 🌟 Don’t leave your future to chance! Visit kabblaw.com to schedule a consultation and make sure your legal affairs are in order before the new year. Your peace of mind is worth it! #EndOfYear #LegalReview #EstatePlanning #Wills #PeaceOfMind #FinancialPlanning #ProtectYourLovedOnes #EstateLaw #Trusts #BeneficiaryUpdates #PowerOfAttorney #LegalDocuments #FamilyPlanning #LawyerAdvice #KabbLaw #PrepareForTheFuture #FinancialSecurity #SecureYourLegacy #PeaceOfMind #LegalSupport
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Planning for what happens when you pass away or become incapacitated is an important way of protecting those you care about, saving them from dealing with a financial and administrative mess when they’re grieving. Your Will gives you a say in how you want your possessions and investments to be distributed. But, importantly, it should also include enduring powers of attorney and guardianship as well as an advance healthcare directive in case you are unable to handle your own affairs towards the end of your life. At the heart of your estate planning is a valid and up-to-date Will that has been signed by two witnesses. Just one witness may mean your Will is invalid. You must nominate an executor who carries out your wishes. This can be a family member, a friend, a solicitor or the state trustee or guardian. There are many aspects to consider, such as probate, super and rights of beneficiaries. Read our blog to find out more - https://buff.ly/3TZ5e0I If you want to have a final say in how your estate is dealt with, then give us a call today on (02) 4344 7114. #https://lnkd.in/gmf89ttE #financialplanning #financialplanner #australiantax #northernbeaches
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Have you ever thought what would transpire if 'something' happened? Where you live, what happens to your finances, and the type of care you receive will all be in the hands of others. But you can be proactive and make some of those decisions now. If you lose the ability to make personal and financial decisions for yourself due to illness or injury, these considerations can be covered by your designated ‘power of attorney’. When you complete your estate planning and grant power to an ‘attorney’ (a person you trust), they will act on your behalf. The three types of powers are: 👩💼 General non-enduring powers of attorney – grant powers to your attorney to make decisions on your behalf until you revoke their powers or lose your legal capacity to make decisions 👩💼 Supportive powers of attorney – grant powers to your attorney to support you in decisions and communicate with providers and organisations on your behalf 👩💼 General enduring powers of attorney – grant powers to your attorney to make legal, personal, and financial decisions on your behalf and continue when you lose your ability to make those decisions yourself They vary slightly in each state, so always ensure you seek the right advice. We can help provide clarity on the process and point you in the right direction to make sure your wishes are protected and entrusted the way you want them to be. Don't leave it to chance, call us to take action and have peace of mind 📞 #powerofattorney #estateplanning #financialwellness
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𝟏. 𝐍𝐚𝐦𝐞 𝐰𝐡𝐨 𝐲𝐨𝐮 𝐰𝐨𝐮𝐥𝐝 𝐥𝐢𝐤𝐞 𝐭𝐨 𝐫𝐚𝐢𝐬𝐞 𝐲𝐨𝐮𝐫 𝐜𝐡𝐢𝐥𝐝𝐫𝐞𝐧 If you are a parent, choosing a guardian should something happen to you will likely be your biggest concern. You can also decide who you would like to take care of your pets. 𝟐. 𝐋𝐢𝐬𝐭 𝐚𝐥𝐥 𝐨𝐟 𝐲𝐨𝐮𝐫 𝐚𝐬𝐬𝐞𝐭𝐬 𝐚𝐧𝐝 𝐧𝐚𝐦𝐞 𝐰𝐡𝐨 𝐲𝐨𝐮 𝐰𝐨𝐮𝐥𝐝 𝐥𝐢𝐤𝐞 𝐭𝐨 𝐢𝐧𝐡𝐞𝐫𝐢𝐭 𝐭𝐡𝐞𝐦 This list should include property, savings, cars, and any expensive or sentimental items you may own. 𝟑. 𝐒𝐩𝐞𝐜𝐢𝐟𝐲 𝐚𝐥𝐭𝐞𝐫𝐧𝐚𝐭𝐞 𝐛𝐞𝐧𝐞𝐟𝐢𝐜𝐢𝐚𝐫𝐢𝐞𝐬 It's always a good idea to state alternative beneficiaries just in case someone unfortunately passes away. Life can be unpredictable and identifying a back-up recipient will give you more peace of mind. 𝟒. 𝐍𝐚𝐦𝐞 𝐲𝐨𝐮𝐫 𝐄𝐱𝐞𝐜𝐮𝐭𝐨𝐫 An Executor is the person who will handle your Estate and apply for Probate after your death. You should speak with the person you intend to choose to ensure they are happy to accept the responsibility. 𝟓. 𝐂𝐨𝐧𝐬𝐢𝐝𝐞𝐫 𝐰𝐫𝐢𝐭𝐢𝐧𝐠 𝐚 𝐋𝐚𝐬𝐭𝐢𝐧𝐠 𝐏𝐨𝐰𝐞𝐫 𝐨𝐟 𝐀𝐭𝐭𝐨𝐫𝐧𝐞𝐲 (𝐋𝐏𝐀) LPA is a legal document which will designate a person of your choice to handle your finances and affairs should you lose mental capacity. A person cannot authorise a Power of Attorney if they have already lost capacity, therefore it is important to put these measures in place sooner rather than later. If you need help writing your Will, send us a confidential message today.
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The August edition of Private Client Issues looks at why gifts made in Wills need to be drafted with care to ensure they reach their intended outcome and how our Private Wealth teams did in the latest Chambers High Net Worth. Find out more here: https://lnkd.in/eQUP5QU8
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