How Can I Avoid a Guardianship or Conservatorship?

Clients often ask how they can avoid probate court proceedings for guardianships and conservatorships. One method to avoid using the probate court to assist in your personal matters is to utilize a Power of Attorney. Powers of Attorney fall into two major varieties: Medical Power of Attorney (or Patient Advocate Designations) and General Durable Power […]

How Does a Living Trust Avoid Probate?

A Living Trust is an artificial “person” created by a living individual. The Trust takes effect immediately. While it does sound like legal double talk to claim that a written document is a “person,” we have many artificial “persons” in our society, including corporations and limited liability companies. Once the Trust is created, all of […]

What is a Living Trust?

A Living Trust is an entity created by a written document. A trust agreement is a special “instruction manual” telling the trustee how to manage the trust’s assets. Trusts are often used to: avoid death taxes, manage money for children, avoid probate, and manage real estate in other states. The Trust should include all your […]

What is HIPAA? How does this privacy law affect my family’s access to my health information if I become incapacitated?

HIPAA stands for “Health Insurance Portability and Accountability Act.” HIPAA is a federal law that imposes privacy rules on your medical providers. HIPAA’s rules can restrict your family’s access to your health information and records when you are ill or disabled. This lack of access can hurt their ability to advocate for your healthcare. Fortunately, […]