Bankruptcy

 If you have found yourself 'up-side-down' in your financial situation, there is hope. Student debt, high healthcare costs, and an increased cost of living, in general, are making things hard for millions of Americans. Fortunately, there is a way to achieve a fresh-start where you can breath again.  I can help you sort through this process to find the right Chapter for your situation and then file for you.

 Probate 

If you've ever lost a loved one and had to administer their estate, then you know the seemingly insurmountable stress and the overwhelming pressure that accompanies it.  There are funeral arrangements, family obligations, and all of that person's belongings to go through, and that's just the tip of the iceberg.  If they had a will or died intestate their estate will likely need to go through probate. Allow me to guide you through this arduous process and take care of the mounds of tedious court forms so you can deal with what's really important.

  

 

A durable power of attorney (DPOA) is a legal document that allows an individual, known as the "principal," to appoint another person, known as the "agent" or "attorney-in-fact," to manage their financial affairs for them.

There are several reasons why a person may need to have a durable power of attorney in place:

 

Planning for incapacity: A DPOA allows a person to plan for the possibility of becoming incapacitated, for example, due to an illness, injury, or accident. Without a DPOA, a court-appointed guardian or conservator may be necessary to manage the person's financial affairs, which can be time-consuming and expensive and may not produce the results that the principal would want.

 

Managing financial affairs: The agent appointed in a DPOA has the authority to make financial decisions on behalf of the principal, such as paying bills, managing investments and property, and accessing bank accounts. 

 

Avoiding court involvement: Without a DPOA, a court may need to appoint a conservator to manage the person's financial affairs if they become incapacitated. A DPOA can bypass this court involvement and place the desired person in charge immediately after the "principal" or incapacitated person is found to be unable to manage their affairs.

 

Maintaining privacy: Choosing a person to manage your financial affairs, rather than having a court-appointed guardian, can help to maintain your privacy and keep financial information confidential.  

 

Flexibility: A DPOA can be customized to suit the individual's specific needs and can be tailored to give the agent as much or as little authority as the principal desires. Additionally, a DPOA can be revoked or amended at any time while the principal is still capable. A DPOA can also be written to give an agent authority immediately rather than waiting for a determination that the principal is incapacitated. 

 

It's important to keep in mind that a DPOA is only effective while the principal is alive and it becomes void upon death. A will, or testamentary trust, on the other hand, takes effect after the death of the testator. It's important to have planning documents in place to ensure that one's wishes are carried out in case of incapacity or death.

 

In conclusion, a durable power of attorney is an important legal document that allows a person to plan for the possibility of becoming incapacitated and to appoint someone to manage their financial affairs when they are no longer able to themselves.