In 1996, the United States Congress enacted the Federal Health Insurance Portability and Accountability Act (HIPAA). Its purpose was to provide guidelines for protecting patient information and privacy. HIPAA provides healthcare professionals with consistent and...
In 2020 when it appeared that the pandemic was ramping up, instead of dying out, many Americans got wise to the need for a Healthcare Directive. With so many dying from the coronavirus, it became apparent that preparing for death or incapacity was not just a concern...
It is a fiduciary relationship in which the grantor (sometimes called settlor, trustor, or trust maker) gives another party, known as the trustee, the right to hold title to property or assets for the benefit of a third party (the beneficiary). To be valid and...
Most people have heard about wills. Many people are familiar with estate planning and the documents that make up the estate plan. They hear terms like wills, trusts, healthcare directives, HIPAA Authorizations, powers of attorney, and deeds and wonder, what are they?...
A trust must be funded with trust assets to be valid and enforceable. There is no limit on the type of assets placed in a trust. A trust can be funded with a variety of assets. A trust can be funded with real property, such as residential houses, commercial property,...
Probate is the court-supervised process for distributing a deceased person’s assets, including their money and property. The operative words are “court-supervised.” There are pros and cons to probate. While lawyers often focus on probate's negative aspects,...
Having an estate plan is a smart idea for several reasons. One reason is that YOU get to decide what happens to your money and property when you die. Without a plan, the state where you live determines how your assets are distributed. And you might not like the...
While you are alive and competent, you should plan for incapacity. It is an essential part of an estate plan and the estate planning process. When possible, court proceedings for guardianship and conservatorship should be avoided. Here is why Patty is single and...
An agent, sometimes called the attorney-in-fact, is authorized to act on behalf of someone else or on behalf of a legal entity. Sometimes agents are hired to represent a client in negotiating the terms of an agreement. An example might be a literary agent...