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Determining Mental Capacity in Estate Planning

Aunt Minnie may appear to be a little flighty and forgetful, but does that mean she is incapable of creating and legally executing (signing) a will? The answer is complicated.   The preparation of an estate plan, which may include a will, trust, and/or other documents, involves many steps.   Assets and liabilities must be identified and decisions need to be made…

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Durable versus Springing Power of Attorney

Embed from Getty Images When drafting a Power of Attorney for Finances, clients often wonder if they should execute a “Durable” power of attorney or a “Springing” power of attorney. A durable power of attorney means that the ‘agent’ you select can immediately step into your shoes and gain access to your accounts and manage your financial affairs. This power…

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What is Incapacity Planning?

No one likes to think of this subject but the reality is that anyone at any age can be struck down by injury or illness. Two of the fastest rising maladies in the United States are dementia and stroke. Incapacity may be either temporary or permanent. The issue then is who will step into a person’s shoes and manage their…

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Scams, Frauds and Charlatans

Once a person has created an estate plan, the object is to preserve it.  Unfortunately, for many seniors in particular, this can be a daunting task as the number of scams that target older Americans is increasing.  Just because your funds and home are in a trust, that doesn’t mean a predator cannot target you as you are still in…

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