Showing posts with label san diego elder law. Show all posts
Showing posts with label san diego elder law. Show all posts

Friday, April 20, 2012

Purchasing Estate Planning Documents over the Internet Vs. Hiring an Attorney




Potential clients are being bombarded with marketing from Legal Zoom, Nolo Press, Quicken and the likes of Suzie Orman to obtain their estate planning documents from the internet or from do it yourself software as opposed to hiring a lawyer to create an estate plan.  The assumption made is that the lawyer is simply selling you forms that you can get yourself. 

So if you can cut out the lawyer you can save thousands of dollars.  Right?!?  Wrong!!!!!

The value of hiring an elder law and estate planning attorney rather than purchasing forms over the internet is that an experienced attorney does not simply sell you forms.  A good estate planning attorney will listen to your goals and desires, analyze your individual circumstances, provide you with various option to achieve your goals and incorporate them into your plan. There is absolutely no way answering questions on a website form can possibly do this. 

Unfortunately, companies that offer quick internet legal forms provide a false sense of security to those customers that use them. 

The customers believe they have dealt with their estate and long term care planning issues and that their affairs are in order. 

There is nothing further from truth!!!!!!!

Every week I consult with clients, who show me estate planning documents that do not achieve their objectives, although they certainly believed they did when they paid for them.  Trusts, powers of attorneys and advance health care directives which are not customized to a client's individual needs, almost never achieve the objectives sought.  Unfortunately, it is often times too late to redo these documents if a person no longer has the ability to handle their own affairs.   

In a nutshell the advantages of hiring an attorney over buying documents from a service or buying do it yourself estate planning software are as follows: 

1) Analyze: Attorneys analyze a client's situation and identify issues that need to be addressed in an estate and long term care plan by first listening to their client's desires and objectives;
2) Advise: Attorneys provide advice and guidance to their clients by recommending solutions and provide options to achieve the client's goals; 
3) Customize: Attorneys customize the documents for their clients to incorporate the solutions the clients have chosen to achieve their objectives;
4) Ensure: Attorneys ensure that the documents are signed in accordance with the strict formalities that are required by Law;
5) Advocate: Attorneys serve as advocates for their clients in dealing with financial institutions, governmental agencies and other business professionals; and
6) Care:  Most importantly, Attorneys care about a client and their families.

In essence there is no comparison between hiring an attorney and using a service to buy the most important and essential planning that one needs to do to protect themselves and their families.

Questions - give my office a call. Vinny Casiano, Elder Law Attorney  619-800-6820.


Thursday, September 30, 2010

Estate Planning for the Possibility of Future IncapacityEstate Planning for the Possibility of Future Incapacity

In the last two blog entries we discussed the importance of planning for the possibility of future incapacity. While some people may think this is a topic that impacts only the elderly, incapacity can strike anyone at any time, due to an accident, injury, or illness. In this month’s blog entry we will discuss how the use of a living trust and a durable financial power of attorney provide protection and a plan in the event of incapacity.

Revocable Living Trusts
A living trust is a document which you create during your lifetime which allows you to specify who will manage the assets of the trust (the “successor trustee”) and who will receive the assets of the trust (the “beneficiaries”) after your death. During your lifetime, you are typically both the trustee and the beneficiary of the trust, ensuring that you still have complete use and control over your assets. As the name implies, you can revoke the trust or make changes to the provisions of the trust during your lifetime. In the event you become incapacitated, your successor trustee will manage the trust assets on your behalf, often avoiding the necessity for a conservatorship proceeding, which we discussed in our July blog entry.

Durable Powers of Attorney for Financial Matters
A durable power of attorney for financial matters is a document in which you specify who will make financial decisions on your behalf in the event you become incapacitated (your “agent”). This document may be immediately effective upon execution, or it may be springing, meaning it becomes effective only upon your incapacity. The document is “durable” in nature in that it is not affected by your subsequent incapacity-the powers given to your agent will continue despite your loss of capacity. Even if all of your assets are held in your living trust, and are therefore under the management of your successor trustee if you become incapacitated, you will need a durable power of attorney for financial matters to give your agent the authority to sign your tax returns, deal with your insurance company, and handle other financial matters on your behalf.

Estate Planning Issues Require Experienced Legal Representation
Comprehensive estate planning includes careful consideration of various contingencies, such as the possibility of future incapacity. If you need assistance with estate planning, contact the Casiano Law Firm for a complimentary telephone consultation with an experienced San Diego elder law and estate planning attorney.