Tag Archives: healthcare

How to Know if your Loved One Needs a Conservator

It can be difficult to know when you should seek to be appointed as a conservator for a loved one. Every person’s situation is unique, so let us review all of the circumstances and help you determine the best course of action. To learn more about conservatorships, please read our blog titled “What is the Difference Between a Guardian and a Conservator?”

There are numerous situations that warrant seeking a conservatorship. Your loved one may need help if he or she:

  • Does not properly monitor or take his or her medication
  • Refuses to seek medical care, even if his or her health is suffering
  • Will not grant you access to his or her medical information or refuses to give you permission to confer with his or her healthcare providers
  • Is not capable of making proper healthcare decisions
  • Cannot safeguard his or her finances
  • Permits assets to be lost or wasted
  • Is the victim of financial, physical or emotional abuse
  • Fails to pay his or her bills
  • Refuses to give you authority to sign checks on his or her behalf
  • Is at risk of harming himself or herself
  • May be required to file a personal bankruptcy if you do not act

There are many reasons to act quickly if you think a conservatorship is needed. Being granted conservator powers will help you protect your loved one from physical harm and financial ruin.

To learn more about being appointed as a conservator or to discuss other elder law matters, contact our office to schedule an appointment.

The Astill Law Office has provided high quality legal services for over 30 years. We specialize in wills, trusts, estate planning, and asset protection. If you have any questions about creating a Trust, Will, or estate planning in general, contact The Astill Law Office at 801-438-8698.

Estate Planning Lawyers Help with more than Wills

Most people think that estate planning lawyers only help with drafting wills and trusts. However, creating a comprehensive estate plan involves more than simply drafting documents. We assist you with reducing financial issues and stress for your family and loved ones. Having a will is part of this process, creating a trust may be included, but there are many other important things we can help you accomplish.

If you have accumulated wealth that you want to protect, we can create effective asset protection strategies, including creating an offshore trust. We also work to protect you from paying an overwhelming amount of taxes, we can reduce your liability for medical costs and establish other plans for preserving your assets. A seasoned attorney works with you to create a plan to protect your family and your estate. Once you have a plan, we create the necessary documents to put it into effect.

Most of our clients are surprised at the variety and depth of advice they receive from us. There are numerous options for distributing your assets and property. You also have flexibility in determining how and when your beneficiaries receive their inheritance. We will review your individual finances and circumstances, listen to your goals, and establish a plan that will not only carry out your wishes, but also protect your family.

The Astill Law Office has provided high quality legal services for over 30 years. We specialize in wills, trusts, estate planning, and asset protection. If you have any questions about creating a Trust, Will, or estate planning in general, contact The Astill Law Office at 801-438-8698.

Why do I need a Power of Attorney?

When you think about creating an estate plan, you probably think about a Last Will and Testament or a trust. However, an equally important part of your estate plan is the power of attorney (POA) document. A POA addresses matters that are not covered by a Will or trust. The POA document is applied while you are still living and it ceases to be effective upon your death (yes – that’s right, a POA terminates when the person dies!). As a result, it is an important document to have as part of your estate plan.

Don’t get confused when considering a POA. Many people think of their health care decisions when considering a POA. Under current law, a POA only works to assist you in managing financial affairs. An Advanced Health Care Directive (“AHCA”) is needed to assist in health care decisions.

Financial POA

When you appoint a POA over your property, it allows the appointee to have authority over your assets. This means your financial POA can access and manage your finances and also safeguard your assets. You can set forth what your appointee can and cannot do in the POA document. Most financial POA’s are granted broad authority.

It is important to understand that the POA document may provide that it is not effective until you are mentally incapacitated. You can also make it effective on the day you sign it. We usually recommend it be effective immediately, unless the person you are appointing is not someone you feel comfortable giving immediate authority. Whatever approach you take, it is essential that you appoint someone that you trust and that will have the ability to effectively manage your finances.

Advanced Health Care Directive

An AHCA can grant authority to another person to make medical decisions on your behalf if you are unable to make those decisions for yourself. This includes decisions regarding your medical care, hospitalization and long-term care. In some cases, your physician may have to determine whether you are unable to make medical decisions for yourself. Most of the time it is obvious.

Your AHCA provides you flexibility to set forth your wishes regarding end-of-life care or your wishes regarding certain treatments. The law requires that your express wishes govern your care and your health care agent must abide by your wishes as set forth in the AHCA. If your AHCA document does not address certain matters, your Agent will make the decision based upon what he or she believes is in your best interests.

If you are interested in learning more about power of attorney documents or other estate planning matters, call us for an appointment. The Astill Law Office has provided high quality legal services for over 30 years. We specialize in wills, trusts, estate planning, and asset protection. If you have any questions about creating a Trust, Will, or estate planning in general, contact The Astill Law Office at 801-438-8698.