One of the most important steps in the estate planning process is deciding who will make financial decisions on your behalf if you can’t. But this process, including power of attorney creation, can be easily overlooked.

Most people are familiar with the fact that the estate planning process is used to help distribute your assets to your loved ones and beneficiaries.

While this is certainly a worthwhile goal that belongs in your comprehensive estate plan, don’t neglect the importance of a trusted decision maker to help during your lifetime. If you are unable to take care of yourself or make decisions on your behalf, you need to use tools such as a power of attorney and potentially a trust to enable someone else to manage these assets for you.

If you are unreachable due to travel or other circumstances, or incapacitated, a revocable or living trust can hold assets for your benefit while you are still alive. This trust can also be used to name the people you want to receive your property after you pass away. In addition to using a trust, a durable power of attorney establishes a person to act on your behalf with legal and financial matters (for assets in your name) if you become mentally or physically disabled.

This means that decisions still made in your best interests can be carried out even after something happens to you. Schedule a consultation with an estate planning lawyer to talk about how a health care proxy, power of attorney, and trust can all be used to help articulate the goal that you wish to receive and who is able to help make these decisions on your behalf.

 

Disclaimer: This blog post is for informational purposes only and does not constitute legal advice. Reading this content does not create an attorney-client relationship. For legal advice specific to your situation, please consult with a qualified attorney.

Tiffany A. O'Connell, JD, LLM, CELA, AEP

About Tiffany A. O'Connell, JD, LLM, CELA, AEP

Tiffany A. O'Connell, JD, LLM, CELA, AEP is the CEO and Founding Partner of O'Connell Law, an estate planning and elder law firm serving clients across Massachusetts, New Hampshire, and Vermont. She is one of a select group of attorneys in Massachusetts certified by the National Elder Law Foundation as a Certified Elder Law Attorney (CELA). Tiffany focuses her practice on estate planning, trust and probate administration, Medicaid planning, long-term care planning, Alzheimer's planning, charitable planning, and retirement and wealth strategies. She has been helping families plan for their futures since opening her practice in 2010.

Credentials: JD, LLM, CELA (Certified Elder Law Attorney — National Elder Law Foundation), AEP (Accredited Estate Planner)

Licensed in: Massachusetts

Areas of Practice: Estate Planning, Elder Law, Medicaid Planning, Probate & Trust Administration, Alzheimer's Planning, Asset Protection

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