It’s sad but true: estate planning continues to be a major form of personal protection that Americans overlook. When it comes to power of attorney specifically, just over half of all U.S. adults have one in place.

Though it’s tempting to plug our ears and hope we’ll live forever, the truth is that a power of attorney is a critical document to create. With it, you can protect your medical and financial well-being in case the unexpected happens.

However, these documents aren’t always as straightforward as they appear, and it’s easy to get lost in the nuances of different types of power of attorney. Let’s take a look at the importance of these legal documents, as well as what to know about your options.

What Does Power of Attorney Mean?

Before we consider the different options, let’s take a look at the basic power of attorney meaning.

A power of attorney is a legal document that allows a specific person, called an agent, to act on your behalf. This can be critical in cases of incapacitation or illness, especially when these conditions are unexpected.

Without a power of attorney, your loved ones might have to struggle through extensive legal proceedings to appoint a guardian for you. This is why it’s always a good idea to set out a power of attorney well in advance. Fortunately, the process is easy, private, and affordable with the help of a lawyer.

Depending on the type of document, your agent may be able to make legal, medical, or financial decisions for you. They may be able to do so for a short period, or they may be able to do so until your death. The document may become active right away, or it may be triggered by a specific event.

Below, we’ll take a look at the major differences between the most common power of attorney options.

What Are the Types of Power of Attorney?

It’s important to keep in mind that there are several different types of power of attorney to fit different needs. Choosing well can help ensure that you have the right kind of protection in the event of an emergency.

General Power of Attorney

As the name suggests, a general power of attorney arrangement gives your agent the ability to make decisions on your behalf in a range of situations. They may decide the outcome of everything from your personal finances to your legal decisions. With this option, you’re giving away extensive control over your affairs, so you must choose your agent wisely.

Limited Power of Attorney

In contrast to the option above, this agreement gives a specific agent the ability to act on your behalf for a limited purpose. For example, you might sign a limited power of attorney agreement to allow someone to cash checks for you, or to sell your home on your behalf.

Durable Power of Attorney

Abbreviated DPOA, can be general or limited in scope. You may also choose whether you want your DPOA to be immediate or springing. An immediate DPOA becomes effective as soon as you sign it and remains in effect if you’re incapacitated. A springing DPOA only goes into effect after a specified event, usually incapacitation. This allows an agent to make financial, health, and legal decisions for you as needed.

Medical Power of Attorney

Also called an advance directive, this allows you to appoint someone to make medical decisions for you. This can include everything from medical treatment to organ donation, according to what you have specified in your living will or do-not-resuscitate order.

What to Know About the Types of Power of Attorney

When choosing between the options above, there are a few key points to keep in mind.

First, talk with your attorney about your current needs and situation, as well as your anticipated future needs. As mentioned above, some of these legal documents may suit your needs for short-term situations, while others can protect you in the long term. Keep in mind, of course, that there is no way to predict the future with accuracy, so it’s always a good idea to make a thorough plan.

In addition, you’ll want to make sure you read the document in full and work with your attorney to ensure that you understand the details. For example, under what circumstances can your agent use your springing power of attorney? How can you ensure that your agent can take control of your financial assets?

Next, for all of the options mentioned above, it’s critical to choose the right agent. Make sure you’re choosing an agent you can trust for the long term. Don’t forget that you can also appoint an alternate in case your agent is incapacitated or passes away.

Last, don’t forget that your power of attorney dies with you. To control what happens to your assets after your passing, you’ll need the additional protection of a will and trust.

Protect Yourself Today With a Power of Attorney

By now, it should be clear that everyone needs some form of power of attorney. This document can help you protect yourself in the case of incapacitation or illness, and it will also offer great peace of mind. It’s crucial, of course, to choose the right option according to your situation—which is where an experienced lawyer comes in.

To navigate the available types of power of attorney, or to start the process of creating yours, get in touch with us today. We’re here to help our clients with every aspect of the estate planning process, and our expert team can guide you through this critical decision.

More young Americans have been creating an estate plan due to recent world events. After all, you never know what’s going to happen.

Estate planning is the official process of arranging and anticipating what will happen in a person’s life if they are incapacitated or after their death. This involves passing down assets to heirs and planning for uncertainties to reduce taxes and other expenses.

Are you interested in estate planning, but don’t know where to start?

Here is everything you need to know about what is estate planning and how to maximize the value of your estate.

What Is Estate Planning?

Estate planning is the act of writing down everything you want to happen to all your assets and belongings after you die. You are legally documenting who you want to make all your financial and medical decisions during your lifetime, especially if you are too ill or incapacitated to make them by yourself.

What Is Involved in Estate Planning?

Your estate planning checklist may contain wills, trusts, durable power of attorneys for financial care, advance health care directives, beneficiary designations, as well as instructions on how to tie all of your assets to this estate plan.

These vary for each person. For example, a person living alone without dependents may have a simple estate plan compared to someone with multiple homes and children from different marriages.

By creating a formal plan, you can enforce valid documents and legally bind them to determine what happens to all your assets.

This is helpful for your family by not putting all the burden on them to make these decisions. They can grieve your loss instead of quarreling over who gets what without your instructions.

This is a process to protect and care for your loved ones. By creating these documents, you ensure that they will always be supported even after you are gone. If you do not make these decisions, a system of laws will make them for you.

State intestacy law can decide who gets to have your assets. Then a court can appoint a conservator of their choice to control and manage your finances if you are incapacitated.

The state law can then let your spouse have all the authority to make medical decisions on your behalf if you are hospitalized after an accident. Although these laws seem fair, they do not take your personal wishes into consideration.

The decisions made by the court may not adhere to your beliefs and family’s needs the way you want. Therefore, it is necessary to get in touch with an estate planning attorney to start the process before it is too late.

Beneficiary Designations

Some aspects of estate planning are quite straightforward. For instance, if you own a checking account, you have a right to decide who should inherit your bank balance after your passing.

You will need to state this in your estate plan. However, you can also fill out a form at your bank. This is known as a pay on death or transfer on death designation, depending on the type of account.

On this form, you will need to write down your full name, birth date, and your relationship with the person you want your money transferred to. You should also name a beneficiary or even a backup to inherit your account if the person you stated first dies before you.

If you want the money transferred to multiple people, you can name more beneficiaries by choosing how much percentage each person should inherit. Your other accounts can also go through the same process of beneficiary designations.

Your retirement accounts and life insurance policies will also need a beneficiary. Your retirement account company and/or insurance company should have already asked you to name primary and contingent beneficiaries.

However, if a lot of time has passed, your choices may have changed. Estate planning gives another chance to name different beneficiaries.

Writing a Will

Writing a will can initially be an inexpensive process, but requires more work to be complete upon your passing. You will need to check the requirements for each state to go through the guidelines. It is always best to work with an estate planning lawyer.

After your death, your estate’s executor can proceed to take your will to court where it will enter probate. This is a court-supervised act to declare your will’s validity. Your creditors and taxes will be repaid, and the remaining assets and funds will be given to your heirs.

Depending on the state, if the estate exceeds a certain amount, it will enter probate. This is a court-supervised act to declare your will’s validity. Your creditors and taxes will be repaid, and the remaining assets and funds will be given to your heirs.

Without probate, it would take a long time before your loved ones get their inheritance. If electing to use a Will, your Executor will also face all fees associated with the probate process, which vary from state to state.

Living Trusts

If you choose to place your assets in a trust, they become legally owned by the trust. Then there is no need for probate proceedings. Your trustee will then distribute all your assets as instructed by you.

This is the quickest and most inexpensive process that also grants a lot of privacy.

Durable Powers of Attorney

Wills do not let people automatically make medical and financial decisions for you. You will need another power of attorney for each of these factors.

Your financial power of attorney will let someone make money-related decisions on your behalf if you are in hospital. They can pay your property taxes, mortgages, and bills with your money.

Always delegate this responsibility with care because many people can make unethical decisions regarding money. Pick someone you trust to carry out these duties truthfully.

Advance Health Care Directives

An advance health care directive is needed to state your wishes regarding life-sustaining medical treatments, especially if you wish to receive them or not.

This decision is too difficult for family members to make, so it is always beneficial to have an official document with your choice. This notarized document can guarantee that your final wishes will be honored.

Contact an Estate Planning Attorney

Having all these documents can be a daunting experience, which is why you should get in touch with an estate planning lawyer.

Contact us for more information about what is estate planning, and we can help accomplish all your goals.

You know you aren’t going to live forever, so it’s important to make preparations for the inevitable. The terms will and trust get thrown around a lot when it comes to planning for the future, but is there a difference between a will and a trust? Do you need one or the other? Do you need to have both?

Continue reading to learn everything that you may need to know about estate planning, including wills and trusts.

What Is a Will?

A will is a legal document that enforces the wishes of an individual after their death in writing. Having a will is an important component of estate planning. They’re used to name the guardian(s) of any minor children of the deceased person. It also transfers the rights to objects and assets to the friends, relatives, and charities handpicked by the individual before their passing.

The contents of a will may involve:

• A list of assets and debts (including valuable family heirlooms)
• Property
• Vehicles
• Contents of a safe deposit box

The most common type of will is a testamentary will. Other types of wills might include holographic wills, oral wills, and pour-over wills.

Advantages of a Will

Having a will allows the smooth transfer of estate and other legal proceedings because it has such a clear message from the deceased individual. Wills are not very expensive to draw up and then maintain as long as they are legally declared.

A will helps surviving family members to figure out what their loved one wanted to happen he/she was gone. A will gives more of a personal touch to the living friends and relatives. It can depict funeral wishes and who inherits the fine china after their passing.

Having a will allows the grantor to disinherit a child or other family member. In certain situations, a grantor may disinherit their spouse from getting anything by naming it in their will. It is, though, difficult to completely cut a spouse out of your will unless there was a prenuptial or postnuptial agreement.

Disadvantages of a Will

A will must go through probate before the assets get released to the beneficiaries. Probate is the process in which the will is thoroughly examined to make sure that it is, in fact, authentic.

Probate can get drawn out for long periods of time before the assets may be released. This is especially common when the will is contested. Hiring a probate attorney can be expensive, and the probate process pretty much unavoidable in most states.

When you don’t have a will in place (intestate), the state oversees the distribution of all assets, regardless of what the deceased person may have wanted for their family.

What Is a Trust?

A trust is made up of three parts: the grantor who will create the trust, the trustee who will oversee the trust, and the beneficiary who will receive the trust. While a will becomes active after the passing of an individual, a trust becomes active when it is created. This means that a trust helps the grantor decide who controls his or her assets during and after life.

The grantor creates a trust so that their assets get protection without having to deal with the day-to-day of managing the trust. A certification of trust will name the basic terms of a trust.

Beneficiaries cannot contest a trust. Trusts also do not require the probate process. This allows property and other assets to get passed on to the beneficiaries immediately after the trust is written.

Types of Trusts

There are two different types of trusts: a a Living (Revocable) Trust and an Irrevocable Trust.

An irrevocable trust is a type of trust that is usually created for tax purposes. It’s thought that an irrevocable trust cannot be changed once it is in writing. This isn’t entirely accurate. A grantors access to the trust may be restricted or limited in some ways. These standards are set forth by the grantor.

A grantor may alter a revocable trust as they wish. A living trust is an example of a revocable trust. The assets listed in a trust are still owned by the Grantor and can be taken back out if necessary.

Advantages of a Trust

The estate stays private in a trust whereas a will becomes a public record. This may be ideal for those wanting to stay out of the public eye. Because a trust avoids the entire probate process, there are no hefty fees from hiring a probate attorney and the assets are given directly to the beneficiaries.

Know the Difference Between a Will and a Trust

Now that you know the difference between a Will and a Trust, you will be able to better prepare for the future. Most people should have, at the very least, a Last Will and Testament, especially those with children under the age of 18 who must be appointed a legal guardian if probate were to occur.

Contact Rhodes Law Firm, PC today with any questions you may have regarding estate planning for the future. We’re standing by with the answers that you are searching for.

The market for long-term care services is currently underserved. It’s estimated that 12 million Americans need long-term care. Yet, only around 8 million people receive these services in the US each year.

One of the most significant barriers to people who need long-term care services but don’t utilize them is cost. Luckily, long-term care insurance can help reduce the price of these services in the long run.

Nearly 45% of people receiving long-term care services have Medicaid or Medicare coverage. But only 18% have long-term care insurance from a provider. This is most likely due to a lack of understanding, and that’s why we created this guide.

Are you curious about long-term care insurance and how to save on your policy? Then keep reading because this one’s for you.

What is Long-Term Care Insurance?

Traditional insurance plans like Medicare and Medicaid don’t cover all the services you need as you age. Whether you’re at home or in a retirement facility, you’ll have to cover the costs if you need help with eating, dressing, or bathing.

That’s why many elderly individuals choose to purchase a long-term care insurance policy.

Long-term care insurance reimburses policyholders for personal and custodial care. You’ll get reimbursed for a limited amount of services. But you can customize your policy to include the benefits you need.

Plus, long-term care insurance is applicable to a wide variety of settings. That means you’ll be covered whether you’re in a nursing home, at an assisted living facility, or receiving care from the comfort of your own home.

Here’s what else you need to know about long-term care insurance.

Who Qualifies for Long-Term Care Insurance?

Unfortunately, individuals already living in a long-term care facility are ineligible for insurance. Individuals in significantly poor health may also bar you from insurance or it could mean you have a higher policy rate.

Otherwise, eligibility for long-term care insurance hinges on two criteria. The first is the Benefit Trigger. The second is the Elimination Period.

The company providing your long-term care insurance will require a nurse or social worker to determine if you qualify for benefits. While the criteria vary by company, you’ll likely be evaluated based on the level of cognitive impairment and ADLs.

ADLs are also known as Activities of Daily Living, which includes bathing, dressing, eating, toileting, and more. Most companies require you to need help with at least two of the nine ADLs or have a significant cognitive impairment to qualify for benefits.

The second requirement — the Elimination Period — refers to the time that passes between when the Benefit Trigger occurs and when you start receiving reimbursements for long-term care services. Think of it as a deductible.

Most companies allow policyholders to choose the duration of their Elimination Period. Often, it will be a period of 30 to 90 days. You’ll have to pay all your long-term care services out of pocket until the Elimination Period is up.

How Long Will Long-Term Care Insurance Cover You?

Few long-term insurance providers offer unlimited benefits for policyholders. More commonly, providers put limits on how many services they’ll cover. Some companies limit the amount they’ll pay while others limit how long they’ll pay.

In rare cases, you can find companies that do offer unlimited benefits. These providers will pay for an unlimited amount of benefits for as long as you live. Again, though, these policies are few and far between.

Why Timing Matters for the Cost of Long-Term Care Insurance

Of course, the cost of long-term care insurance is directly related to which benefits you choose. Some companies will raise your benefit premiums based on inflation or other reasons. That’s why it’s always best to ask the insurance provider for its rate history before you apply.

Yet, often more important to the total cost of your long-term care insurance is how old you are when you buy it. If you buy insurance too late in the game, you’ll have to pay much higher premiums. But buying insurance too early may mean you pay a higher total cost over time.

For example, imagine if you waited to buy insurance until age 70. Your monthly premium would have to be $516 to hit a total of $55,768 worth of covered benefits by age 79. But if you purchase your premium at age 50, you can pay only $205 per month to hit a total of $71,285 worth of covered benefits by age 79.

When is the Right Time to Buy Long-Term Care Insurance?

According to experts, the best time to buy long-term care insurance is between the ages of 60 and 65. That way, you can optimize your savings on monthly premiums while also saving enough to cover your needs.

Using the above example, let’s analyze how your premiums and total covered benefits would look if you buy your plan at ages 60 and 65.

65-year-olds paying $338 per month in premiums would save a total of $56,821 by age 79. 60-year-olds would see even lower monthly premiums of $261. Yet, you’d save a total of $59,607 by age 79.

Of course, you have to weigh these cost savings against the possibility that your health may decline before age 60. As we’ve mentioned, many long-term care insurance providers won’t cover applicants with significantly poor health.

So, how do you know for sure when to buy long-term care insurance? A long-term care planning legal advisor at Rhodes Law Firm can look at your unique situation and help you decide when is the best time to make the purchase.

Let Rhodes Law Firm Help You With Long Term Care Planning

Finding the right long-term care insurance policy is critical for those who don’t want to pay out of pocket for post-retirement services. And buying your policy at the right time will determine the total cost you pay for coverage.

Do you need help with long-term care planning tasks like deciding on a long-term care insurance policy? You’ve come to the right place. Get in touch with Rhodes Law Firm today to find out how we can lend you a hand.

Did you know that the number of middle-aged Americans with estate plans dropped by 25 percent since 2019?

Did you drop the same estate planning ball your peers did?

You cannot be sure what happens to your possessions after you die unless you have an estate plan that gives you confidence.

Don’t put this off another day. Read these estate planning tips and take steps to protect your property.

Take Inventory

You may not believe that you have enough assets for estate planning, but you should know with certainty. Take the time to inventory everything you own. You’re going to be surprised.

It’s essential to note that this remains one of the most critical parts of an estate plan.

Separate your inventory list into two different categories: tangible and intangible assets.

Tangible assets include anything physical, for example:

• Personal valuables
• Collectibles from a hobby
• Cars, boats, or motorcycles
• Your home or investment properties

Intangible assets for your estate will include:

• Life insurance policies
• Individual retirement accounts
• Savings accounts
• Business ownership
• Stocks, mutual funds, or bonds
• Checking accounts

After you have a comprehensive list of your assets, you need to find the value.

Consider hiring a professional for an evaluation of your tangible and intangible assets. If you don’t take this step, be confident that you have planned a fair distribution of your possessions to loved ones.

Take Care of Your Family’s Needs

Do you have enough life insurance coverage? You may get annoyed when insurance salespeople ask you this question, but it’s a relevant point to consider nonetheless. If your current lifestyle requires two incomes or a child with special needs, you need to be confident in your policy.

Don’t name one guardian for your children. Adding a backup guardian can avoid court fights after your death that will eat away at your assets.

Legal Directives

Talk with your lawyer about establishing a trust. Avoid the risk of a court distributing your assets instead of your property going to your designated beneficiaries. If you set up a living trust, you will have the opportunity to use parts of your trust fund for what you need while you’re alive.

Establish your medical care directive or living will. People around you must understand your wishes if you’re no longer able to make decisions for yourself. Don’t forget to name the medical power of attorney for a loved one if you’re incapacitated.

Decide between a limited or durable power of attorney for your financial affairs. Limited powers give a named representative decision-making limits. Durable powers turn everything over to a named individual.

Only you can decide what’s best for your current situation.

Beneficiary Review

You want to ensure the right people take ownership of your assets. It’s easy to forget what you set up years ago for yourself. Take the time to review your documents with a lawyer, if you’re able to do so.

First, review your insurance and retirement accounts. You may need to update the beneficiaries to match what’s in your will. Don’t leave any beneficiary sections blank, or the state will decide through probate who receives your property.

If you haven’t, name your contingent beneficiaries. If your primary beneficiary dies before yourself, this could lead to a nasty court battle.

Research Estate Tax Law in Your State

The primary motivation for estate planning revolves around minimizing the inheritance taxes. If you don’t know your state’s laws, you may have a hole in your plan.

The federal government doesn’t tax estates unless they’re substantial. Starting in 2021, up to $11.7 million won’t incur federal inheritance taxes.

Does your state have an estate tax? Find out today and make plans with your lawyer to lessen their effects.

Consider Hiring an Attorney or CPA

For small estates with simple wishes, using an online service or will-writing program should work well. The right software will ask you interview questions and walk you through state and IRS requirements. You should have the ability to update this as you see fit, whenever you wish.

If you have any doubts, consider calling a CPA or probate lawyer. No one will know the state and local laws better than these professionals.

If you have a large estate or complex issues to resolve, don’t hesitate to hire professionals to ensure that you’re covered.

Don’t Forget About Capital Gains Tax

Earnings or income for your beneficiaries from your bequeathment can be subject to capital gains taxes. For any gift that involves profit for your beneficiary, it’s advisable to introduce them to your lawyer or CPA. You can only lower the tax for loved ones if you plan early with a professional who knows the state law.

Plan for Change

“No battle plan survives contact with the enemy,” a famous military strategist from Germany named Helmuth von Moltke once said.

You can say the same about life’s plans. During good times or bad, don’t forget to review your estate plan. If you’ve experienced job loss, the birth of a child, marriage, or divorce, sit down with your papers when you’re ready.

Laws and people change every day. Don’t allow your estate plan to fall behind the times.

Need More Estate Planning Tips?

Do you have another question that wasn’t in this post?

Do you have a complicated estate planning issue the requires a professional? Contact us today or give us a call at 706-724-0405. We’re happy to discuss more estate planning tips over the phone.

Don’t want to talk at this moment? Bookmark our blog for more great information about all things estate planning. We’ll be here when you need us.

Did you know that in 2018 about 63 million Americans participated in some kind of volunteer work?

Yes, the spirit of giving is still alive despite more difficult world conditions. Charities in the USA are supporting disaster relief work, rehabilitation work, and in many cases providing free education to those that need it.

Have you thought about how you could help a charity meet people’s needs? One way is by sharing your wealth via charitable planning.

What does charitable planning mean and how can you get involved? Did you know it could give you significant tax benefits? Why not read on to find out.

What Is Charitable Planning?

For many people, charitable planning is a basic part of financial planning for the future. As progress through life, we start to consider how we will use the money and assets that we have accrued up to that point.

A person may choose to share their wealth by means of scheduled periodic gifts, such as annual gifts. However, for many, charitable planning means that they create a plan regarding how their wealth will be distributed to charities that they select after their death.

If you want to make such a plan, where should you start?

How Do I Start?

The first step in making these arrangements is to select the charities that will benefit from your assets in the future. You may want to choose a charity that you have been supporting for some time. In other cases, you may see a need within society and want to address that need by donating financially to a charity that works in that field.

However, after you have selected the charity that you want to give to, the next step is deciding how much you will give. If you are choosing to give a financial gift posthumously, you will need to decide how much or which assets you will give to family members as an inheritance. Following this, you can assign assets or funds to your chosen charities.

There are generally two types of gifts that you can give as part of charitable planning. Lifetime gifts and Planned gifts. Each has its own implications regarding tax. What are the differences between these?

Lifetime Gifts

When a person gives a Lifetime gift, they stand to benefit from significant tax savings during the year that they give the gift. This may include an income tax deduction and perhaps other savings.

Among the types of gifts that you can give include real estate or appreciated assets such as stocks and shares. Should you give this type of gift you may be able to avoid paying tax on the appreciation of the asset.

As the name suggests this is part of charitable planning that involves a person giving before they have passed away.

Planned Gifts

Many incorporate planned gifts as part of their financial planning for old age. Generally, a person plans to give these types of gifts after they have passed away.

When making a planned gift a person decides to give assets or finances to a trustee. The trustee or person that will ensure that the funds reach the person or charity at that time.

In other cases, a person may personally assign part of their wealth to a charity as a term of their personal will. For example, may choose to assign a charity as a beneficiary of their life insurance.

Many favor the latter as it ensures that they can still benefit from their assets for the duration of their life. However, after the person passes away, they are delivered to the owner’s preferred destination.

Despite the fact that the assets will transfer to the charity after death, the owner may well still be able to benefit from income tax deductions during their lifetime when making these arrangements.

What Kinds of Giving Is Possible?

What vehicles can a person use to ensure that their assets and finances are transferred to their preferred charity? Here are a few examples:

• Charitable Remainder Trusts
• Charitable Gift Annuities
• Private Foundations
• Donor-Advised Funds

As mentioned, a person may also choose to make a charity the beneficiary of a Life Insurance policy or IRA and retirement plan.

As you can see there are many different routes that a person can take when planning to provide long-term support to a charity. Each person will need to analyze their own desires and financial situation before selecting the one that meets their needs the best.

However, each person needs to remember that charitable planning involved planning. This means that unless the correct documentation and agreements are put in place ahead of time, the gift may not be transferred as the owner wishes.

How to Benefit from Charitable Planning Now

If you are currently in a higher tax bracket than expected, you likely want to ease your tax burden without receiving less money. In this case, you could consider using charitable planning to accomplish this.

By giving in advance to your selected charity, you lower your eligibility for tax. Should you choose to select a charity with a donor advised program, the money may stay with the charity until you direct, to a reasonable degree, how they will use it. Perhaps this will be for a cause that is particularly close to your heart.

In this way, you continue to earn the money, enjoy giving it to a worthy cause, and then can direct who it helps.

Making the Best Charitable Planning Arrangements Possible

If you are planning the future of your estate, small decisions can make a great difference. Starting early when considering who can benefit from your material wealth is vital. It can help you to make charitable planning arrangements that have the maximum effect on the beneficiary.

If you would like to learn more about this, we would be happy to help. We leverage our years in the financial and legal sectors to help our readership to make wise decisions. Why not contact us or check out our blog to find out more.