Practice Areas
Wills & Trusts
There are a handful of “must have” estate planning documents. These necessary documents include a Last Will and Testament, an Advanced Healthcare Directive, a Living Will, a Durable Power of Attorney, and a HIPAA Authorization. Having a package of personalized documents will give you the peace of mind that your affairs will be in order should you become incapacitated by injury or illness or if you pass away. Trusts are also very valuable planning tools that come in many different forms. The most common form is a revocable living trust and the most common advantages of a trust are avoiding probate, streamlined administration should you become incapacitated or pass away, and privacy regarding your wishes for your estate.
Power of Attorney
What will happen if you cannot make financial and medical decisions for yourself? Someone will have to make them for you. A power of attorney (POA) helps your family navigate these difficult times. Broadly, a power of attorney is a written instrument that gives legal authority to a third party (known as the “agent” or “attorney in fact”) to act on the behalf of someone else (known as the “principal”). In estate planning, power of attorney (POA) is a tool that can be used to ensure that someone you trust manages your financial and health care decisions when you no longer can. When you’re considering your future or thinking about estate planning, it is imperative that the power of attorney used can be classified as a “durable” power of attorney. A durable POA contains specific language that ensures your agent can act even if you become incapacitated, while keeping the power in your hands for as long you can make decisions for yourself.
Probate
The days and weeks following the loss of a loved one can be very difficult. Often times, family members do not know what needs to be done with property that was owned by the deceased person. You may receive calls about the decedent’s debts. All of this can be overwhelming. Probate is the legal action in which property owned by a deceased person is transferred to his or her heirs. Probate is also the process through which debts, if any, are paid. Often family members hire an attorney to answer questions about the decedent’s Will (if one exists), walk them through the probate process, and handle the filing of necessary documents with the probate court.
Guardianship & Conservatorship
When a loved one cannot make or communicate informed general care decisions for themselves, a guardianship may be established through the probate court. Depending on the specific needs of the ward, a guardian’s powers can be quite broad or fairly limited. Kentucky law is designed to allow for guardianships to be closely tailored to the individual’s unique situation. Depending on the powers granted by the court, a guardian generally has the responsibility to provide for the individual’s care and comfort. Guardians may also determine where the individual lives, apply for and obtain services on their behalf, and authorize medical treatments, unless other provisions are made. A conservator is a person appointed by a court to manage a protected individual’s estate and finances. Conservatorships are established when an individual can no longer effectively manage his or her own property and financial decisions. Whereas a guardian is broadly responsible for making medical, housing, and other personal decisions, the conservator is responsible for the care and preservation of all the individual’s assets and property.
