Humans prefer predictable situations and outcomes. Predictability means less stress and anxiety and an overall sense of control. It’s why some people read their horoscope, visit psychics, or have tarot readings. After all, if we know what will happen, we can be better prepared.

But life is unpredictable, and we can’t know the future. However, we can still be prepared. That is what a medical power of attorney provides.

What is a Medical Power of Attorney?

A Medical Power of Attorney (POA) is a legal document designating a trusted individual, known as an agent or healthcare proxy, to make healthcare decisions on your behalf if you are incapacitated. 

Even with advanced healthcare directives, you still need a medical POA. Advance directives often outline your wishes for end-of-life care. It provides guidelines to your medical team regarding life-extending measures, such as no feeding tubes, Do Not Incubate (DNI), and Do Not Resuscitate (DNR). 

A medical POA covers situations not covered by your advance directives. For example, if you are in an accident, they have the authority to make medical decisions for you regarding your care, such as what types of treatment you should and should not receive.

A Medical POA Provides Peace of Mind

There are several good reasons to have a medical POA, such as:

• It ensures your healthcare wishes are respected and prevents unwanted medical interventions
• You are empowering someone who understands your values and priorities to act on your behalf
• It avoids conflicts or confusion among family members about your care
• Timely decisions can be made without delays
• It ensures your decisions comply with state laws
• It allows your healthcare proxy to access your medical records

Key Components of a Medical Power of Attorney

To ensure your medical POA is legally binding and accurately reflects your wishes, it should include the following:

1. Scope of Authority

Your medical POA should clearly describe the decisions your healthcare proxy is authorized to make, such as medical treatments, procedures, and care plans. Their authority is limited to what is listed in the document and the law.

2. Activation

There should be a clause specifying when the medical POA becomes effective, which is typically when a healthcare professional deems you incapacitated.

3. Preferences

You should include instructions if you have specific medical preferences you want your healthcare proxy to follow, such as life-sustaining treatments.

4. Revocation

The document should include a statement affirming your right to revoke or amend the medical POA at any time, as long as you are mentally competent.

Your Medical POA is Part of a Comprehensive Estate Plan

Your estate plan is more than just deciding how to distribute your assets after you pass away. It also includes essential elements such as:

• Appointing guardians for minor children or dependent adults
• Management of your financial affairs if you’re incapacitated
• Establishing trusts to protect your assets 
• Having someone advocate for your medical preferences if you are severely injured

A comprehensive estate plan is about preparing for life’s unexpected events and reducing the emotional and financial burden on your family. 

Our attorneys at Lonich Patton Ehrlich Policastri are experienced estate planners. We are ready to help you create a medical power of attorney and any other necessary estate planning documents. We understand that everyone’s needs are different, which is why any legal document we create for you reflects your values and protects what matters most to you.

Contact us at (408) 553-0801 to schedule your free consultation. You can’t predict the future, but you can be prepared for it.

 

Disclaimer: This article does not constitute a guarantee, warranty, or prediction regarding the outcome of your legal matter.

Estate planning can be an emotional topic, especially when elderly parents are involved. But taking the time to talk through your loved ones’ wishes, prepare legal documents, and establish a clear plan can help avoid unnecessary stress, conflict, and legal headaches down the line. Here’s a guide to help you understand what to expect when it comes to these important conversations. 

Why Does Estate Planning Matter More with Age?

As parents get older, decisions about their health, finances, and assets become increasingly urgent. Without a will or trust in place, the state of California determines how property is divided—and that might not reflect your family’s true intentions.

Estate planning isn’t just about who gets what. It’s also about:

• Designating someone to make medical or financial decisions (through powers of attorney)
• Planning for long-term care
• Reducing potential estate taxes
• Preventing future disputes among siblings or relatives

Family Tensions Are Common, But Avoidable

In many families, different personalities and perspectives can lead to tension. Maybe one child lives closer and feels more involved, while another lives farther away but wants an equal say. Add in stepchildren, second marriages, or unresolved childhood issues, and things can get complicated quickly.

It’s important to remember that estate planning is not just a legal issue – it’s a family one.

Open, honest communication is key. Parents should have clear discussions with their adult children, ideally with the help of a trusted attorney or financial planner. Having a neutral third party can reduce misunderstandings and help everyone stay focused on what matters most: honoring your parents’ wishes and protecting their legacy.

Tips for Navigating Difficult Conversations

Talking about death or declining health is never easy, but there are ways to make the process smoother:

• Start early: Don’t wait for a crisis or a health scare. Early planning gives everyone time to think clearly and make informed decisions, before emotions run high.
• Focus on their wishes: Keep the focus on what your parents want, not what family members think should happen. This helps minimize conflict and ensures the plan truly reflects your parents’ values.
• Put it in writing: Once everyone understands the plan, make it official. A legally sound will or trust, created with the help of an experienced California estate planning attorney, is your best safeguard against future disputes.

How Lonich Patton Ehrlich Policastri Can Help

At the end of the day, estate planning is an act of love. It brings peace of mind to elderly parents—and provides clarity and comfort to the family members they leave behind.

Navigating these issues on your own can be a burden, and may not result in the best outcomes for you and your parents. At LPEP, our skilled family law attorneys can guide your parents through the process, help create a customized estate plan, and ensure it’s legally binding under California law. They can also serve as mediators if family disagreements arise.

Don’t leave anything to chance – ensure your family’s wishes are legally documented with LPEP’s estate planning services.

Schedule your free consultation today. 

Disclaimer: This article does not constitute a guarantee, warranty, or prediction regarding the outcome of your legal matter.

If you’re younger than 50, you might not have given much thought to estate planning yet. However, estate planning is an important process that helps you protect and provide for your family. To help you get started, we’ve put together a list of the top five common mistakes to avoid in estate planning.

Mistake #1: Avoiding it Altogether

Thinking about being unable to care for your family is not a pleasant topic, which is why many people postpone or even completely avoid estate planning until it’s too late. Others think the process is too complicated, or that only people with a lot of assets need a will or trust. No matter the size of your estate, estate planning is beneficial. 

A detailed estate plan gives you control over the distribution of your assets (including sentimental items and heirlooms) to your chosen beneficiaries but also helps you manage them during your life. If you have minor children, you can help protect their future by selecting an appropriate guardian. Estate planning can even protect your assets in cases of divorce or bankruptcy. 

Without a will or trust, all these issues and more will be left up to the courts.

Mistake #2: Not Updating Your Estate Plan

If you’ve already made an estate plan, you might feel like you’re ahead of the game. Don’t forget to update it after certain life changes (e.g., marriage, divorce, birth of children, starting a business, etc.) though. Neglecting revisions to your plan can result in outdated provisions or even failure to comply with current laws, which could render the plan worthless. Experts suggest revisiting your estate plan every three years, as well as after major life events.

Mistake #3: Failing to Consider Tax Implications

Estate, gift, and income taxes can all impact the value of your estate (both during your lifetime and after your death). Estate planning experts can help you structure your plan to minimize these taxes as much as possible. In some cases, setting up a trust can be a good option.

Mistake #4: Choosing the Wrong Executor or Trustee

When thinking about who you want to carry out your wishes based on your will (executor) or manage your trust (trustee), you don’t have to automatically choose a family member. Consider whether the person is trustworthy, has the ability to handle the responsibilities, is in good health, and is willing to serve in this capacity. 

Mistake #5: Not Planning for Incapacity

Estate planning is not just about end-of-life planning. It’s also important to have a plan in place in the event you become incapacitated and cannot make decisions for yourself. Two valuable tools include setting up a power of attorney and a living will that outline your wishes when it comes to medical and financial decisions made on your behalf if you’re unable to manage your own affairs.

Get Estate Planning Help from Experts

The estate planning group at Lonich Patton Ehrlich Policastri offers a full range of estate planning services and has years of experience in helping clients avoid common mistakes like the ones above. Schedule a free consultation to get started on securing your future today.

 

Disclaimer: this article does not constitute a guarantee, warranty, or prediction regarding the outcome of your legal matter. 

Estate planning is an important tool that can help you provide for your loved ones after you’re gone but also help minimize taxes and maximize your funds both now and later. Life insurance policies and annuities can factor into your estate planning to ensure your estate planning goals are met. Below, we’ll go over how each of these tools can help on their own as well as how they can work together.

Life Insurance

Many people seek life insurance coverage to offer financial security to their beneficiaries. When it comes to estate planning, life insurance can serve other purposes as well. 

Transfer of Wealth

Your family can use benefits from your life insurance policy as liquid assets to pay for funeral expenses, taxes, debts, and other expenses without having to worry about immediately selling off non-liquid assets like real estate or other investments.

Tax Mitigation

Often, people structure their life insurance policy in such a way that the benefits cover estate taxes, final income taxes, unpaid back taxes, etc.

Equalization of Inheritances

For those who have multiple heirs, you might find it difficult to distribute your assets equally, if you have non-liquid assets like a home or family business that you would like to give to particular beneficiaries. Life insurance benefits can be designated for other heirs to balance out the value of their inheritance. 

Ongoing Financial Support

One of the main goals of estate planning is to provide financial stability for your family in your absence. Life insurance can be used to provide ongoing financial support for your children, spouse, and any other dependents. 

Preserving Wealth

For individuals who have a high net worth, life insurance benefits can be placed in an irrevocable life insurance trust to protect the proceeds and keep them separate from the taxable estate, which helps preserve your wealth for your family.

Annuities

One of the most common estate planning goals is to ensure long-term financial security in retirement and beyond for yourself and your family. Annuities can be a great solution to supplement retirement funds since they are financial products that provide regular payments over time. When it comes to your estate plan, you might consider structuring the annuity as a joint or survivor annuity so that your surviving spouse and dependents can continue to receive this guaranteed income after your death.

Since annuities can be owned by a trust, many individuals choose this route to protect assets for their minor children or children with special needs or disability (known as a Special Needs Trust).

Combining Life Insurance and Annuities in Your Estate Plan

These two financial tools can often work together in your estate plan, with life insurance providing lump-sum funds to help cover immediate costs, and annuities providing a steady stream of income to offer financial stability in the long-term. Life insurance benefits can also be used to fund an annuity or trust that can help manage and preserve your assets for your family and beneficiaries.

Make the Most of Your Estate Plans

Working with estate planning experts like the Estate Planning Group at Lonich Patton Ehrlich Policastri (LPEP Law) can help you get the most out of your estate planning. They have significant expertise and knowledge in all areas of estate planning, estate and trust administration, litigation, and probate. If you’d like to learn more about how your life insurance and annuities can best serve your needs and estate planning goals, call LPEP Law at 408-553-0801 to schedule your free consultation. 

Disclaimer: this article does not constitute a guarantee, warranty, or prediction regarding the outcome of your legal matter. 

When creating an estate plan, you might wonder if you need a lawyer to write up complex legal documents or if you can simply write your wishes by hand. In California, a handwritten trust, known as a holographic trust, can be a legally binding document, but certain rules must be followed to ensure its validity. Let’s break it down step by step.

What Is a Handwritten Trust?

A handwritten trust is a document where the creator (called the grantor or settlor) outlines how their assets will be managed and distributed after their death. Unlike a will, a trust allows for the management of assets during your lifetime, as well as after your passing, without going through probate.

Are Handwritten Trusts Legal in California?

Yes, handwritten trusts are legal in California, but they must meet specific requirements to be valid. Under California Probate Code, a trust must:

1. Clearly express the grantor’s intent to create a trust.
2. Name a trustee, the person responsible for managing the trust’s assets.
3. Include a clear description of the assets and beneficiaries.

While the state does allow handwritten wills under certain circumstances, handwritten trusts are treated differently. It’s essential that the document complies with all trust laws, including being properly signed and dated.

The Importance of Witnesses and Notarization in Handwritten Trusts

Unlike handwritten wills, which can sometimes skip formalities if certain conditions are met, a handwritten trust in California typically requires more safeguards. For example:

• Witnesses: California law doesn’t require a trust to have witnesses, but having two disinterested witnesses can add credibility.
• Notarization: It’s highly recommended to have the document notarized. A notarized trust is harder to contest in court and shows that the grantor signed it willingly and knowingly.

Risks of Writing Your Own Trust

While a handwritten trust is legal, there are risks involved. Here’s why:

1. Potential for Errors

Writing a trust by hand without legal expertise increases the chances of mistakes. Missing critical elements, like naming a trustee or clearly identifying beneficiaries, can invalidate the trust.

2. Ambiguity

Legal language is precise for a reason. If your handwritten instructions are unclear or vague, it could lead to disputes among beneficiaries or difficulties in administering the trust.

3. Challenges in Court

A poorly written trust is more likely to be contested by family members. If someone believes the trust doesn’t reflect your true wishes, it could lead to costly legal battles.

When to Consult a Lawyer to Create a Trust

Although you can create a handwritten trust in California, it’s a good idea to consult an attorney, especially if:

• You have a large or complex estate.
• You want to include specific conditions for how assets are distributed.
• You’re unsure of the legal requirements.

Contact LPEP For Your Free Consultation

A handwritten trust can be legally valid in California, but it’s not always the best option. To ensure your wishes are carried out and avoid potential legal disputes, consider seeking professional guidance. 

At Lonich Patton Ehrlich Policastri, our experienced estate planning attorneys believe in offering services based on your specific needs and situation. We understand that each family is different, and we’ll help you create a trust that stands up to scrutiny and provides peace of mind for you and your loved ones.

Contact us today to schedule your free consultation.

Disclaimer: this article does not constitute a guarantee, warranty, or prediction regarding the outcome of your legal matter.