The firm can provide assistance in the area of estate planning.  Depending upon a client's needs, this can include the preparation of a

a.   Last Will and Testament;
b.   Durable Financial Power of Attorney;
c.   Advance Directive for Health Care;
d.   Designation of Standby Guardians; and
e.   Living Trust.  

If we can assist you in the preparation of any of these instruments, please feel free to contact us.  To make the process simpler, you can complete a simple questionnaire to gather basic information, and return it to us.  We can then discuss your situation and prepare those documents that are best for you.  Simply complete the contact information and submit it to us.

Last Will and Testament

A Last Will and Testament is an instrument that is effective only upon the death of the person signing the Last Will.  This instrument can do more than simply transfer property on your death.  It can also provide for gifts of specific property, including charitable gifts, it can name who you want to administer your estate, who you want as a guardian for your children, and it can also name a responsible person to administer, in a trust, any property gifted to your children or to minors.  This type of trust is called a testamentary trust (a trust written in the Last Will but does not become effective until after death) and can provide general or specific instructions for the health, education, maintenance and support of your children or other beneficiaries.

Other Estate Planning Documents

In addition to Last Wills and Testaments, there are other instruments that are important in estate planning. Generally, these other instruments are effective only while you are alive.  They are durable financial powers of attorney, advance directives for health care, and designations of standby guardians.

a.   Durable Financial Power of Attorney.  A power of attorney is an instrument that appoints someone else (your agent) to act on your behalf.  It can be effective immediately or upon a certain event, such as upon your incapacity.  A power of attorney is durable because it is effective even while you are incapacitated.  A Durable Financial Power of Attorney gives your agent the authority to make certain financial-related decisions and to take certain actions during your incapacity, including transfers of real property.

b.   Advance Directive for Health Care.  This instrument is very new in Georgia and replaces both the former Durable Power of Attorney for Health Care as well as the Living Will.  It appoints an agent to make health care decisions on your behalf if you are unable to make those decisions.  This document can provide your treatment preferences both in general and in various specific situations, including end-of-life.  It can also give the agent authority to make certain decisions after death, such as organ donation, authorize an autopsy, and make arrangements for a final disposition of your body, such as burial or cremation.  If you currently have a Durable Power of Attorney for Health Care and/or a Living Will that was properly signed before July 1, 2007, those instruments continue to remain valid.  If you have any questions, please feel free to contact us.

c.   Designation of Standby Guardian.  A Designation of Standby Guardian is intended to be a short-term (up to four months) instrument that names someone who will serve as a Standby Guardian for your minor child or children in the event that you are either physically or mentally unable to take care of them.  The Standby Guardian is given authority as a guardian, rather than someone with mere possession of the child, and agrees in writing to serve in this capacity.

d.   Living Trust.  A living trust is an instrument that provides for the administration of specific property both during the lifetime of the person who puts property into the trust, and also after that person dies.  The administration of the property is by a person called a trustee for the benefit of one or more persons called the beneficiaries, all in accordance with the terms of the trust.  The trust is created during the lifetime of the maker of the trust, and property is transferred into the trust either during the lifetime of that person, or after death by a Last Will or otherwise.  There are usually specific reasons for creating a living trust, and we will be happy to discuss them with you.