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Showing 23 posts in Estate Planning.

Parents: The Three Essential Legal Documents Your Child Should Have Before Leaving For College

Upset Parent at HospitalIn Michigan, the age of majority is 18 years. This means that when a person turns age 18, they are no longer a minor and are considered to be a legal adult. Consequently when your child turns 18, you no longer have the legal authority to make decisions for him or her, including financial and health care decisions. Read More ›

Categories: Did you Know?, Estate Planning, HIPAA, Powers of Attorney

Executing Estate Planning Documents Outside of Attorney's Office

Mailing in Estate DocumentsOccasionally clients will request, for one reason or another, that I mail them the originals of the estate planning documents I prepared for them so that they can have them executed outside of my office at a bank or some other financial institution.  Read More ›

Categories: Did you Know?, Estate Planning

When It Comes To Estate Planning, Coordination Is Key

Dominoes LeaningThe primary reason most people engage in estate planning is to name who they want to receive their assets when they pass away. Beneficiaries can be named in a will, a trust or pursuant to a beneficiary designation. When naming beneficiaries, it is critically important that your will and your trust (if you have one), not only coordinate with each other, but with the beneficiaries you have named on your various investments, as well as with how your assets are titled. Failure to properly coordinate in all of these areas could have unintended, and in some cases, disastrous consequences. Read More ›

Categories: Estate Planning

Importance of Durable Powers of Attorney

Powers of Attorney on TypewriterWhen people decide to engage in estate planning, typically they focus on naming the beneficiaries of their estate and making sure their estate avoids probate when they pass away. In most cases, these concerns are addressed by the preparation of a will, a living trust and certain probate avoidance documents. Those standard documents are an important part of the overall estate planning process, however, durable powers of attorney for financial matters and health care are just as important for other reasons. In fact, regardless of whether they have an estate plan, every adult should have these two durable powers of attorney. 
Read More ›

Categories: Estate Planning, Powers of Attorney

Survivor's Checklist: What to do When a Loved One Passes Away

Funeral of a Loved OneWhen someone dies there are many important things that need to be addressed by the survivor or survivors, and some of those things that need to be addressed are time sensitive.  Read More ›

Categories: Estate Planning, Powers of Attorney, VA Aid & Attendance

Estate Planning for New and Aging Parents

Baby Holding Grandmother's HandMany life events will prompt people to consider estate planning to protect their assets and family. Many will rush to an attorney before they travel (especially far), start a business, or complete a messy estate administration for a senior parent. An even more common event that triggers clients to prepare an estate plan is when they become new parents, or their aging parent’s guardian. Abandoning their lives of adventure and no longer living recklessly, they sell their motorcycles, stop hang gliding, and plan a family. Young couples often meet with an attorney to discuss their new family’s needs, and to create an estate plan to support themselves and their family.  Read More ›

Categories: Elder Law, Estate Planning, HIPAA

A Look at Conservatorships in Wake of Britney Spears Case

Man at DeskBritney Spears’ 13-year old conservatorship is making headlines once again after a judge denied a 2020 request to remove Ms. Spears’ father as conservator of her finances. Ms. Spears delivered an emotional testimony at the hearing and indicated she may soon petition the court to end the conservatorship altogether. The resurgence of the #FreeBritney movement is a good opportunity to discuss the legality of conservatorships and how attorneys can help. Read More ›

Categories: Elder Law, Estate Planning

How Should We Celebrate Elder Law Month?

With 2020 in the rear view mirror and 2021 well underway, the COVID-19 pandemic continues to generate urgency for elder law planning for those most at risk. May is National Elder Law Month which allows the opportunity to educate seniors in local communities about their legal options and places an emphasis on the importance of planning early to ensure their wishes are in a legally binding format. Read More ›

Categories: Elder Law, Estate Planning

Dangers of DIY Estate Planning Emails

Elderly Man on LaptopOver the past decade, there has been a rise in demand for Alternative Legal Service Providers (ALSPs). ALSPs are companies that provide legal services apart from the conventional paradigm of legal services and systems. They ultimately use legal technology in order to provide more efficient services in a faster span of time and with a drastically cheaper fee. Read More ›

Categories: Elder Law, Estate Planning, Senior Exploitation & Abuse

Thirteen Estate Planning Terms You Need to Know

DictionaryAdopted in 2008, the third week in October is designated as National Estate Planning Awareness Week to bring attention to the importance of estate planning. An often overlooked aspect of financial wellness, according to the National Association of Estate Planners and Councils, it is estimated that 56% of Americans do not have an up-to-date estate plan in place. 

Estate planning—it is an incredibly important tool and it is not just for the uber wealthy or those thinking about retirement. On the contrary, estate planning is something every adult should do. Estate planning can help you accomplish any number of goals, including appointing guardians for minor children, choosing healthcare agents to make decisions for you should you become ill, minimizing taxes so you can pass more wealth onto your family members, and stating how and to whom you would like to pass your estate on to when you pass away. Read More ›

Categories: Elder Law, Estate Planning

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Survivor's Checklist

Due to the shock of the death of a spouse or a loved one, the steps of what needs to be done first can be an overwhelming process for the survivor(s). To aid in the breakdown and to act as a tool amidst the emotional days ahead, estate planning Jonathan "Jay" David has assembled a "Survivor's Checklist" of some of the important things that need to be addressed when a spouse or loved one dies.

COVID-19 Checklist & Elder Organizer Tool

For adult children responsible for their elderly parents and other senior caretakers concerned about protecting loved ones as the COVID-19 pandemic continues, below is a free downloadable checklist of steps to follow to prepare for any possible COVID-19-related illnesses among the most-vulnerable.

Download Button: Checklist

Foster Swift has created a free ‘Elder Organizer’ digital notebook to provide seniors and their caretakers with a toolkit that helps organize doctors’ appointments, medications, and more that can be shared online. The tools below are also available on the Elder Law Resources page.

*For those trying to access these links by smartphone, it is best practice to copy/open the link in a separate tab and download the free Google Sheets app from Google Play or the Apple Store.

Using the Elder Law OrganizerMedication & Appointments ButtonVisitor Log & Photos/Media ButtonPrivate Care Schedule ButtonElder Law Resources Button

E-book Covers Estate Planning Essentials

Estate Planning Cover

Engaging in estate planning, while essential, is often emotional and generates many questions. How do I protect my spouse and my children if something happens to me? What happens if I become disabled before I pass on? Who will take care of my pet after I'm gone? How do I pass my business on to my children? These questions and more are addressed in Jonathan David’s recently updated e-book, “Estate Planning: You Have to Start in Order to Finish.”

Need Help Planning?

Helping Hands

For more tools, visit our Elder Law Resource page for additional content. Click here to view/download the Foster Swift estate planning brochure to see what our experienced team of attorneys can do for you.

Meet the Team

Foster Swift Elder Law Team
Watch attorney Matthew Fedor explain a brief overview of elder law and how it can help either your or your loved ones.