It may seem morbid to plan for your death, incapacitation, or terminal illness, but we believe that it is better to be safe than sorry. This is your only life, and you should decide on what terms you meet death and who will receive your property and care for your children afterward. As people live much longer these days, it often takes significant planning to assure your financial security.
What happens to your property when you die is a personal decision that each individual should make. If you don’t have a Last Will and Testament, you are giving the state free reign to make that decision for you.
A Will is a very important and powerful document. It allows you to choose who will receive your property when you die. It also allows you to appoint a person you trust as your Executor/Executrix. This person serves as the “enforcer” of your wishes and makes sure that the Surrogate’s Court distributes your property in accordance with your Will after you die.
In addition to property distribution, a Will is especially important if you have young children. In your Will, you can appoint a trusted family member or friend to serve as the guardian of your children until they reach adulthood if you should die before they are adults. You can also appoint a person to care for your children’s money and expenses.
Surrogate’s Court hears cases involving estates. We provide services in Surrogate’s Court in the following counties: Albany, Columbia, Fulton, Greene, Montgomery, Rensselaer, Saratoga, Schenectady, Schoharie, Warren, and Washington.
You can change your Will at any time, so even if you already have a Will and would simply like to update it, contact us today. Your property and the care of your children are too important to leave up to chance. Let us make sure your property is distributed the way you want and your children are in good hands after your death.
A Living Will informs your health care providers and family of your wishes regarding life prolonging medical treatment if you become terminally ill. You can also state any desires you have to donate your tissue and organs for transplant, research, or educational purposes and to die at home or in hospice if you become terminally ill. This document is sometimes referred to as an Advance Directive, Health Care Directive, or a Physician’s Directive.
A Living Will only becomes effective if you are terminally ill and unable to voice your wishes. If you do not have a Living Will or would like to change your Living Will, contact us today.
In a Health Care Proxy, you designate a person to make medical decisions for you if you become incapacitated and cannot make those decisions yourself. The document also allows the person you appoint to be with you in the Intensive Care Unit and to obtain your medical records, which they could not otherwise access due to federal HIPAA laws. In this document, you may also repeat the wishes you voiced in your Living Will regarding life prolonging medical treatment, tissue/organ donation, and hospice.
If you cannot make medical decisions yourself, you deserve to have someone you know and trust, rather than a stranger, make the decisions for you. If you do not have a Health Care Proxy or would like to change your Health Care Proxy, contact us today.
Have you ever wondered who would run your business, pay your bills, make deposits into your bank account, or file your tax returns if you became disabled, impaired or seriously injured? You can rest assured that your daily affairs will be taken care of by executing a Durable Power of Attorney, which allows you to choose a person you trust to act as your legal representative and make binding business and financial decisions on your behalf.
A Power of Attorney can grant considerable power to your designated agent, and it takes effect when it is executed, not when you become incapacitated. For this reason, it is important that you very carefully consider who you appoint your agent and that you thoroughly understand the agent’s given powers. If you have any reservations, we can restrict the scope of the agent’s powers, limit how long the document is effective, or appoint multiple agents. Contact us today to create a Power of Attorney specifically tailored to protect your interests.