California Probate - Law Offices of Janet Brewer Blog

Estate Planning Does Not Have to Be a Challenging Task

The challenge of creating an estate plan can be reduced if broken down into steps.

Taking a step-by-step approach to estate planning can make the process simpler as described recently in the Go Banking Rates article "Your Estate Planning Checklist: How to Create a Financially Sound Estate Plan."

For many people simply following these steps with the help of an estate planning attorney will be enough to create a solid estate plan:

• Get a general durable power of attorney so someone can manage your finances if you are unable to do so.
• Get a power of attorney for health care as well so someone can look out for your medical needs.
• Create a living will so doctors and hospitals know what procedures you want them to use or not to save your life.
• Create a will to decide who will get you possessions and take care of your children.
• Create a living trust so most of your assets do not have to go through probate.
• Write out instructions for your funeral if you wish to do so.
• List all of your accounts and important legal documents so your executor knows what to look for.
• Plan for your pets to be cared for if you have any.
• Make sure someone can access your digital accounts after your pass away.
• Review your plan every year to make sure it is up to date.

We can guide you through the process of making an estate plan much less daunting and cross one more major item off your to do list.  Contact us today and we'll get back to you soon.

Reference: Go Banking Rates (June 22, 2016) "Your Estate Planning Checklist: How to Create a Financially Sound Estate Plan."

Much about Alzheimer's Disease Remains a Mystery

Despite the advances in treating Alzheimer's disease there is still a lot to be discovered.

Minor lapses of memory are common and often increase with age but despite the fears of anyone who has been forgetful they are not necessarily a sign of Alzheimer's disease. The early stages of Alzheimer's disease remain a mystery and there is yet to be a cure as explained recently in The New York Times article "What Is Alzheimer's Disease?"

Alzheimer's is diagnosed by assessing memory loss that regularly impedes basic life functions. Beyond that, however, the current scientific knowledge about the disease is somewhat lacking. It is uncertain what causes the disease in the majority of cases.

A genetic marker that has been shown to increase the likelihood of Alzheimer's is only present in a minority of patients. Medications are available to treat Alzheimer's, but they only slow its rate of progress for a little while. There is currently no cure.

Everyone should take action now to get a health care power of attorney and a durable general power of attorney to be safe regardless of what the future holds so that a trusted person can have legal authority to handle important aspects of your care.

For help with your estate plan, including a health care power of attorney and a durable general power of attorney, please contact us.

 

Reference: New York Times (April 30, 2016) "What Is Alzheimer's Disease?"

Brain Dead Declaration Creates a Lawsuit

The issue of when a person can be removed from life support is making headlines in California as a family files a lawsuit.

A 13-year-old girl checked into an Oakland hospital for routine surgery in December of 2013 but complications soon followed for Jahi McMath that made the surgery anything but routine as she began bleeding profusely.

She suffered from brain swelling and cardiac arrest. A few days after the surgery, McMath was declared to be brain dead by the doctors. The designation is important as when a person is declared brain dead hospitals are no longer required to provide life support or other treatment.

However, McMath's mother refused to agree to allow her daughter to be taken off life support.

After a court battle a judge agreed with the doctors and declared McMath brain dead. Her mother continued to believe otherwise and quickly arranged for her daughter to be transferred to New Jersey as that state has a religious exemption that allows families to keep brain dead people on life support for religious reasons.

For two years McMath has continued to "live" in New Jersey on life support and her family insists that she shows signs of not being brain dead, but California has refused to remove the designation. Now, her mother has filed a lawsuit in federal court demanding that California be forced to do so.

Courthouse News Service reported this story in "Family Wants Brain-Dead Girl Declared Alive."

What this case highlights is the importance of advanced health care directives, especially living wills. The one person who does not have a say right now regarding whether she remains on life support is McMath. She is a minor so her parents' wishes would take precedence over hers in any case.

Adults can avoid this situation by visiting an estate planning attorney and making a living will part of an estate plan.

Reference: Courthouse News Service (Dec. 24, 2015) "Family Wants Brain-Dead Girl Declared Alive."

Just How Healthy Are Elderly Baby Boomers?

The baby boomer generation may be living longer than previous generations but a real concern has arisen over health issues the generation may face.

As the last of the baby boomer generation becomes eligible for Medicare in 2030, the average life expectancy is expected to be an additional 20.1 years but health issues may present major challenges.

A recent study suggests that those elderly people who will live longer will do so in poorer overall health than the elderly people from previous generations. It appears, in part, this is because medical science has done such a great job of finding treatments for diseases that often kill people early, such as cardiovascular problems. As people will be living longer, however, they will get other diseases, such as cancer and Alzheimer's, in greater numbers.

The Bangor Daily News reported this story in "Baby Boomers are more likely to spend their last years in worse health than past generations."

This has important implications.

While an individual cannot know for certain whether he or she will be one of the people who live longer and suffer from disease, individuals can play it safe and plan ahead.

Baby boomers should consider getting estate plans that include powers of attorney and advanced health care directives so if they become sick or incapacitated, the people handling their affairs will have been chosen by them.  This is what we do and we would be happy to help you create an estate plan that covers every important necessity.  You can see our process here and contact us if you'd like to schedule a complimentary consultation.

Reference: Bangor Daily News (Dec. 29, 2015) "Baby Boomers are more likely to spend their last years in worse health than past generations."

 

When Should I Begin Estate Planning?

Many people have the misconception that estate planning is reserved for the very old or the very rich. However, estate planning can help the majority of people protect the ones they love, protect themselves, and protect the assets that they have. While estate planners will tell you that it is never too early to begin planning your estate, there are a few times in life when you should absolutely begin to consider what would happen if you were to die or become incapacitated.

• You are getting married. Getting married means joining your life with another person’s and taking mutual responsibility for each other. Once you are married, it is important to have a clear plan for what would happen if one or both of you should unexpectedly die or be injured. Marriage also usually increases your assets, making it more important to have a plan for those assets.
• You are having a child. Even more than marriage, having a child ties you to another person forever. Until your child can care for himself, you and the other parent are solely responsible for his wellbeing and care. Planning your estate is absolutely the best way to ensure that your children are cared for in the event that you cannot care for them yourself.
• You are entering a dangerous profession. People who engage in dangerous types of work or who engage in risk-taking in some other facet of their life should seriously consider planning their estate early. While no one wishes to think about the worst that could happen, it is critical that you understand the risks that you are undertaking and taking responsibility for the possible consequences.
• There is a threat to your health or wellbeing. Perhaps you are having a major surgery, or perhaps you have found out about a long-term health problem or disease. These shocking turns of events are often reminders that life is precious and we have to plan for everything. This is especially time to set up your medical power of attorney, just in case someone needs to make medical decisions for you.
• You have accumulated significant assets. Even if you are young, healthy, and single, estate planning may be a great idea if you have already accumulated significant wealth. If you don’t yet have a family, what would you like to have happen to your assets and property in the event of your death? What are your long-term plans and wishes?
• You have strong feelings about what happens to your assets. Are you strongly tied to a cause or a charity? Do you wish to pass your assets on to someone that may not otherwise get them if you don’t outline it in your will? These are two great reasons to plan your estate even if you don’t have a family and even if you aren’t approaching retirement.

Taking the first step

We can discuss your priorities, write up key documents, and more. But you need to take the first step: contacting me. Please call (650) 325-8276 or get started here at this website.