Wills and Testamentary Trusts

A Will sets forth your wishes regarding who should receive your property after your death and the person who will be in charge of administration of your estate after your death.

If you have minor children, you may state in your Will the person or people you wish to appoint as guardian(s) of your minor children in the event of your death. You may also designate an adult or trust company to hold and manage property you are leaving to minor children.

Trusts may be included in a Will for a variety of reasons, such as to prevent a large inheritance from being distributed in a lump sum directly to a young adult, to reduce estate taxes or to prevent a disabled beneficiary from receiving an inheritance that may disqualify the beneficiary from receiving certain government benefits.

Durable Health Care Powers of Attorney

A Health Care Power of Attorney is a document in which you name the person who will advocate for your care, consult with your doctors about your care and decide your course of medical treatment in the event you become sick or injured and you are unable to make or communicate your wishes and decisions.

Living Wills/Advance Directives

A Living Will or Advance Directive is a document in which you state your wishes regarding life-sustaining measures in the event you lose your ability to make or communicate your own medical decisions and you are in the end stage of a terminal illness or are in a persistent vegetative state.

General Durable Powers of Attorney

A General Durable Power of Attorney is a document in which you name the person who will handle your finances in the event you become sick or injured and are unable to manage your financial affairs.

Standby Guardianship Designations

A Standby Guardianship Designation allows a parent to name a co-guardian to assume the care of a child upon the happening of a triggering event, such as the parent’s incapacity. In this document a parent can also designate a guardian to assume the care of a child on a temporary basis after the parent’s death in order to allow the guardian time to petition the court to be named the child’s permanent guardian.

Mental Health Care Powers of Attorney/Mental Health Care Advance Directives

A Mental Health Care Power of Attorney or Mental Health Care Advance Directive allows you to designate an agent to make decisions on your behalf regarding mental health care in the event that you lose the ability to make mental health care decisions for yourself. This document also allows you to make decisions in advance about the types of mental health treatment you desire, including medications and admission to a particular treatment facility.

Standalone Retirement Trusts

Following the recent Supreme Court decision in Clark v. Rameker, a Standalone Retirement Trust is highly recommended for clients with significant retirement assets. A Standalone Retirement Trust can protect the principal balances of retirement accounts from spendthrift beneficiaries, beneficiaries’ creditors and beneficiaries’ divorcing spouses. The trust can also allow for “stretching out” of required minimum distributions following the death of the retirement account owner so the beneficiary can continue tax-deferred growth for as long as possible.