News and Thoughts on Issues in Georgia Regarding Wills, Living Trusts, Guardianship, Advance Directives, Living Wills, Healthcare Powers of Attorney, Probate, Estate Planning and More by Marietta and Atlanta, Georgia, Family Lawyer Stephen M. Worrall
Guardianship is a topic we cover very extensively in our blog articles and in our ProtectMyKids Planning™ seminars. Today we want to share some practical considerations with you--things you should consider before naming one or more people to serve as guardians for your children. The intent is to encourage you to engage in proactive planning, and also to take some pressure off of you. The latter comes from realizing that until you actually die, your planning is quite flexible and can be changed to meet your wishes.
Not Permanent Until It’s Permanent
Naming one or more people to serve as a guardian for your children in the event of your death or incapacity might seem very permanent, but again, it’s not. You can change the named guardians in your plan at will . . . right up until the time you pass away or become incapacitated. For that reason, it’s not enough that you set up a great plan initially. You must also review that plan and the continuing suitability of the people you’ve chosen. As circumstances change and people evolve, so might your choices.
That’s where our law firm is unique. We have options available whereby we conduct an annual review of your plan each year just to make sure that our planning is still appropriate. We want you to sleep well at night, but we also want your children to receive the best care possible if something happens to you. It’s very important.
Really, Really Know The Appointees
Make sure you know the person or people you’re appointing very well. That means you need to spend a lot of time with them. Ideally, choose someone who is already a parent. That way you can observe and get comfortable with their parenting style. It’s also great if your children feel close to, and a sense of support from, the person you’re going to choose. You need to know and feel comfortable with things like religious beliefs, habits, where the person lives (so your children aren’t uprooted if that’s important to you), and how equipped the person is to help your children through a very difficult time.
Practical Considerations
Does the person you’re considering have a home that is big enough to include your children? How about his or her relative health and financial stability, does that meet your standards? Financial issues can be overcome with additional planning on your part, which might include something like a term life insurance policy. But the real question is whether the person you’re appointing manages money well enough to make the inheritance last.
You do have the option to name two guardians for your children, because it just so happens that raising children and managing money requires two different skill sets! One guardian would be the caretaker (“Guardian of the Person”), and the other would manage the money (“Guardian of the Estate”). If you consider this option, make sure the two guardians get along well, and make sure that they’re on the same page with respect to your wishes and what you believe to be in the best interest of your children.
DO NOT WAIT
It’s very important that you act right away to name a guardian for your children. Remember, until you die, the decision can be “undone,” but if you die without having named a guardian, then the fate of your children will be left to the discretion of a total stranger . . . a judge. You have the ability to take control right now, and your words and planning will have the effect of law. In other words, a less than perfect choice is better than no choice at all.
If you would like to discuss setting up a guardianship plan, please call our offices and schedule a time to speak with an attorney. If you mention this article by name and say that you’re interested in a ProtectMyKids Plan™, we will meet with you absolutely free of charge.
I was interviewed this week on Atlanta’s NPR station, WABE 90.1FM, on the subject of making sure that all parents have a plan in place should an emergency strike during school hours. These preparations should include naming short-term guardians, listing the right people on school emergency cards and leaving detailed instructions with babysitters to avoid involvement with social services.
The shorter version that aired today, Wednesday, July 27, 2011, can be heard here:
All parents should have a plan in place should an emergency strike during school hours, according to Marietta, Georgia, attorney, Steve Worrall. Preparations include naming short-term guardians, listing the right people on school emergency cards and leaving detailed instructions with babysitters to avoid involvement with social services.
ATLANTA, GA - “Do you think a school emergency card is enough to protect your kids if something happens to you during school hours?” asks attorney Steve Worrall to a crowd of parents attending his popular Protect My Kids! seminars last month in Marietta, Georgia.
The majority of the room raise their hand yes. A few parents are undecided. Yet from a legal standpoint, all of them are wrong.
“Contrary to popular belief, a school emergency card will not protect your children from spending time in the hands of social services if something tragic happens to you, “says Worrall. “The emergency card only gives named contacts permission to pick your kid up if they are sick, not take short-term custody of them if one or both parents are killed or incapacitated in an accident,” he adds.
For this reason, experts such as Worrall recommend parents create an emergency plan prior to going to back to school so there is no confusion or legal headaches should tragedy strike. According to Worrall, this plan can be created in 3 easy steps:
1. Legally name short-term guardians for your kids- Short-term guardians are the people who have legal permission to care for your child until the surviving parent or long-term guardian can arrive. This should ultimately be someone who lives close by and one who will comfort your children in an emergency.
2. Make sure your short-term guardians match those named on the school emergency card- In addition to listing friends and neighbors who can pick your child up from school if he or she gets sick, it’s equally important to list the full contact information of your short-term guardians for true emergencies. Without this information, your children could be placed temporarily in the custody of social services until the surviving parent or legal guardian can arrive.
3. Make sure the babysitter knows what to do if you don’t return home- It’s extremely important that parents give their a.m. or p.m. babysitters detailed instructions on what to do and who to call if they don’t return home. In most cases, a babysitter will panic and turn to the police for help, again opening the door for social services to temporarily take custody of your kids until a long-term care provider can arrive.
“Creating a back-to-school emergency plan is so easy--- and something that will greatly pay off if a parent is injured or killed during school hours,” Worrall says. “The first few hours after an emergency are the most painful for a child, so it’s important for parents to make sure their kids spend that time with people they love and trust, rather than in the arms of the state,” he adds.
An amazing new free resource is now available for Georgia parents to appoint guardians for your children and guarantee their protection in the case of an emergency or sudden death.
Naming guardians for your kids on this site is totally FREE with no strings attached!
If you are not sure who you want to name as legal guardians for your children, our site will walk you through a foolproof process to help you choose the right people.
You will NOT be solicited for legal services by naming guardians through this site. You will be given a certificate for a review of the legal documents you create by a Personal Family Lawyer, which you can use at any time.
The information we gather from you is for legal document creation only! We respect your privacy and will not sell, give, or exchange your contact information with anyone.
When you complete your guardianship nominations, a formal document will be sent to you via email to be signed by two witnesses of your choosing. Again, to keep this FREE, we’ve included a complimentary appointment with a Personal Family Lawyer to review your legal documents.
Resolving to get your legal affairs in order is one of the most important things you can do to make sure your family, wishes and assets are protected if something unexpectedly happens to you this year.
Marietta, Georgia- While many people focus on getting out of debt or getting organized for the New Year, estate planning is an equally important personal finance goal that should make every adult’s to-do list.
That’s because according to Marietta estate planning lawyer, Steve Worrall, far too many area residents are without plans to protect their family, wishes and assets should something unexpectedly happen to them. A recent Lawyers.com survey further reveals that only 35% of adults have a basic will or other estate planning documents in place should death or incapacity occur.
“Contrary to popular belief, estate planning isn’t just for the rich,” says Worrall. “At a bare minimum, every adult needs a basic will, power of attorney and health care directives in place to avoid a legal and financial nightmare if something unexpectedly happens to them,” he adds.
So what are these documents and how do they help you in a time of emergency? Worrall explains the following:
Will- A will is a document that specifies what should happen to your assets if you pass away. A will may also contain guardian nominations to dictate who will care for your minor children if something unexpectedly happens to you.
Trust- A trust is a legal entity that can hold title to property. With your assets securely placed in a trust, you can minimize your financial exposure to lawsuits, divorce and bankruptcy while alive. Upon death, a trust will keep your affairs private and out of the probate court. It also allows a great deal of control for people who do not want their inheritance going outright to their heirs if something unexpectedly happens.
Power of Attorney- A power of attorney or POA gives explicit permission for someone to access your personal accounts, pay your bills and handle all other financial and legal affairs if you are incapacitated in an accident but do not die. Under the current privacy laws, even a spouse may have a hard time accessing personal information without such documentation in place.
Advanced Health Care Directive- Also known as a living will, this document specifies your healthcare wishes if you are incapacitated in an accident and unable to speak for yourself. Such wishes may range from whether you want certain medications administered to when (if at all) to start life support in critical situations. This document also allows you to appoint the person best suited to carry out such wishes should incapacity occur.
“Accidents and serious illness happen every day without warning,” says Worrall. “That’s why it’s so important for any adult who has not tackled their estate planning to add it to their resolutions this year. It will save their family from years of headaches and thousands of dollars in unexpected costs should the unthinkable happen”.
About Steve Worrall
Stephen M. Worrall is an experienced family law and wills, trusts and estate planning attorney in Marietta and Atlanta, Georgia. He concentrates his practice in all areas of family estate planning, including including wills, trusts, guardians for minor children and incapacitated adults, probate and trust administration, and all areas of family law, including divorce, adoption and prenuptial agreements. He also helps families plan to protect their assets and their children in the event of their death or incapacity, and to transfer their whole wealth – their financial, intellectual, and spiritual assets – to their loved ones.
If one of your New Year’s resolutions this year includes getting your financial and legal affairs in order should something unexpectedly happen to you, I have a gift I think you’ll enjoy.
To be specific, I just put the finishing touches on a free report I wrote entitled, “What You Don’t Know CAN Hurt Your Family: 5 Easy Ways to Make Sure Your Children, Wishes and Assets Stay Protected Should Something Happen to You”.
In this report you’ll learn 5 easy ways to get your legal and financial affairs in order, just in time for the New Year. You won’t even need the help of an attorney for some of these important steps; simply follow my instructions in the guide and cross each item off of your “to-do” list as you go.
You’ll also discover:
How to legally name guardians for your minor children in a way that will hold up in a court of law
The difference between a will and a trust, and which tool you really need to make sure your family, wishes and assets stay protected upon your passing.
The details about simple document you can use to give someone legal permission to act on your behalf if you were incapacitated in an accident but did not die (…and without this document, no one will be able to help you under the current HIPPA laws!)
How to amass your “entire family wealth” and leave a true legacy to your children (hint: you don’t have to be wealthy and it’s easier than you think!)
And so much more!
To grab a copy of this report, simply visit http://bit.ly/gNUxIJ.
I’d also like to encourage you to forward this to any of your family or friends who really need to get their affairs in order just in time for the New Year. I would especially encourage you to reach out to anyone who has minor children, owns their own home, cares for aging parents or is approaching retirement age themselves.
Again, you can get a copy of this free report now by going to http://bit.ly/dGpJM1.
The one night a week when you and your spouse spend time together…talk about the week…have a nice leisurely dinner…just the two of you.
You’ve lined up a babysitter…
You left money for the pizza delivery guy and a list of contact numbers on the refrigerator door…right under the magnet you bought in Yosemite last summer…
You’ve got everything taken care of…
Except what happens to your children if the unthinkable happens and you never make it back home.
If you have minor children and you’re severely injured or worse in an accident, the police may have no choice but to place your children with Child Protective Services if they don’t have information or documentation indicating who you would want to care for your children.
Once the immediate situation has passed, your children could then be at the mercy of the “system”. There is no way the State can know who would be the best choice as a guardian for your children.
So…what do you need to do?
First, Put Your Guardianship Wishes in Writing
Just telling your chosen guardian that you want them to take care of your children is not enough. What you “said” is not legally sufficient and you could be placing your children at the mercy of the foster care system for a long period of time. You need to have a plan in place, written instructions, and the proper legal documentation in order to ensure that your wishes are followed and that everyone knows what those wishes are.
Another misconception is that if you name a guardian in your Will, that’s all you have to do.
Wrong.
A guardianship provided for in a Will only takes effect after you die. If you become incapacitated but are still alive, it means nothing.
Proper Documentation for Guardianship
A good, solid guardianship plan will allow you to choose guardians either on a permanent or temporary basis and leave instructions for those guardians so they know exactly what you want them to do and under what circumstances.
You need to have at least these documents in place at all times if you have minor children:
1. Legal documentation naming a short term or temporary guardian in case you become incapacitated for a short period of time, or in the interim between your death and the time your permanent guardian can arrive. The best option for this guardianship is someone close by that can take immediate custody of your children and keep them out of the court system. Make sure that you talk to these individuals about your plans and that they are willing to serve as temporary guardians. Have their names at the top of a contact list that is available immediately in the event you are not able to communicate. And always make sure they have a copy of the documents naming them as temporary guardians.
2. Legal documents naming permanent guardians. The same information applies for this document as for temporary guardianship papers. Make sure you talk to the people you select and that they have copies of these documents to provide to the court.
3. Make sure you have written instructions for anyone taking care of your children so they know exactly what needs to be done if something happens to you. Make sure they know who to call. Even if you’re leaving your kids with the 16 year old kid next door to babysit on Friday night, make sure she or he knows what needs to be done if the worst happens. And always have written instructions in place for the person or persons you choose as a guardian to tell them how you want your children to be raised.
4. Always have a Medical Authorization and Power of Attorney for your children, especially if you’re sending them to Grandma’s on their own. These documents will allow the person taking care of your children in your absence to make medical decisions that could be a matter of life and death.
Really makes you think, doesn’t it?
He said/She said will not hold up in court, so if that is the only plan you’ve made for your chiildren if the unthinkable happens, you could be placing them at the mercy of the foster care system without even realizing it.
If all this has made you realize you would like to get your documents in order to make sure that your children and your property are taken care of, call us to schedule your Georgia Family Treasures Planning Session today. We can identify what you need to do to plan for your family’s future and answer any questions you have about an effective estate plan. Our Georgia Family Treasures Planning Session is normally $750, but this month I’ve made space for the next two people who mention this article to have a complete planning session with me at no charge. Call today and mention this article.
By Steve Worrall, Atlanta, Georgia estate planning attorney
As an Atlanta and Marietta estate planning attorney, I know Generation Y has a lot to think about…starting their careers, buying their first home, starting a family. All of these things are beginnings, so it’s a rare day when someone in this generation wants to think about The End. But there are 4 reasons that they might need to…
A lot of people think that youth is an excuse for putting off doing a will or trust. But estate planning is not just about planning for your death. It is also prepares you in the event you experience an incapacitating injury and are unable to make your own financial or medical decisions. While the odds are certainly in your favor that you will not need an estate plan, you should still consider these four scenarios…
1. You need a plan in the event that you become disabled or incapacitated. Unfortunately tragedies happen every day. And you are not immune to them because you are young. If something happens to you and you are no longer able to make decisions regarding your own financial, legal, and medical affairs you’ll need to make sure that there are basic documents in place such as a medical directive, power of attorney and HIPAA authorization so someone can.
2. You need to pass your assets. You might be asking, “What assets?” Even if you do not yet own your own home, you need to consider IRAs, retirement accounts and life insurance accounts offered through your employer. You need to make sure that beneficiaries are named in the right way to make sure that the people you want to leave them to get maximum benefit.
3. You need to name guardians for your kids. If you have children, you simply must name guardians. You should be the one who decides who will raise them if you are no longer around. You do not want this decision left to squabbling relatives or to a court system who doesn’t know you or your child.
4. You need to plan for your pets. If you have a pet, chances are they are a big part of your life. They are totally devoted to you and also totally dependent on you. Have you stopped to think what might happen to them if something were to happen to you? If you want to make sure your companion is cared for if the unexpected happens, you could choose to put together a plan for their continued care. The plan may include directions about feeding, medical care and other needs along with funds necessary to provide for your pet’s support and to compensate the caretaker.
The scenarios above are just a few to consider when deciding if you need a will or trust. If you are in the Atlanta area, I encourage you to talk with an Atlanta and Marietta wills and trusts lawyer. Only then will you have the peace of mind of knowing that you are fully protected.
I must warn you: these questions are blunt and to the point: if you are a parent of minor children, protecting your family and being the best parent you can be means that you MUST have a comprehensive and up-to-date estate plan so they are prepared for a life without you!
One of my greatest passions as an Atlanta estate planning lawyer is educating parents about how important it is to prepare for their untimely death. Not a fun topic I realize. But it just takes one sad circumstance of parents passing away and leaving the kids to deal with squabbling relatives to understand how critical this is for their well-being.
The possibility of leaving this world can be difficult to accept and many people choose to not think about it. Unfortunately, this fear often prevents people from taking the proper precautions they need to take.
I speak at various groups around Marietta, Cobb County and in Atlanta and usually deliver this message in an upbeat and cheerful way so people can see that preparing their estate plan for their family is a positive and joyful experience. But for today’s post I’m going to give you the real-deal about Atlanta GA estate planning. Blunt, and to the point.
Essentially, it’s critical for everyone to understand the importance of estate planning for those we love – especially our children. As you can imagine, children are incredibly vulnerable if you die while they are still minors due to the simple fact that they are unable to take care of themselves.
Here are a few cold-hard facts about what could happen if you passed away suddenly without a will or trust in place.
1. A judge that doesn’t know you or your children will decide who raises them.
If something happens to you, who is going to step up? Is it the person that you want to raise your children? If you don’t have an estate plan in place, will your relatives squabble over who is or isn’t responsible for raising them? Do you really want to put your children through that?
2. The person who the judge picks to raise your kids will also be responsible for their financial well-being.
If something happens to you, all of your assets will be handed to the guardian (that you didn’t select) to be managed for them. The obvious fear is that this person could possibly use the funds for something other than the care of your children. However, there are many other things to consider. Does the person that the probate court judge picked have the same financial values that you do? For example, you may feel strongly that you would like your children to attend high-end sports clinics to help develop their athletic skills. But, will the guardian see the value in this? What if they think spending money on what you would have wanted is a total waste? The potential for trouble is endless.
3. All of the money left from your estate (assuming there IS any) may go to your child in a lump sum when he is 18 years old.
Think about this one. What would you have done if you had been handed a bunch of money at that time in your life? Scary thought, huh? The hard truth is that most 18 year olds are simply not mature enough to properly handle finances at that level. I have heard story after story of kids who should have been fine financially, but weren’t because they decided to buy cars and clothes instead of investing in their future by going to college. So sad!
So, there you have it - some cold, hard questions for you to ponder. My hope for those of you reading this is that you have already taken care of naming guardians for your children and put your estate plan in place and that you are keeping it up-to-date as the circumstances of your life change. But, if you are not, I would be happy to offer you a free Georgia Family Treasures Planning Session to start you on the path.
Don’t worry if you aren’t sure who you would pick as guardian. I’ll help you with that.
Don’t worry if you think you can’t afford planning. I’ll work with you on that.
Don’t put this off because you don’t have the time. Think about how your kids will spend their time if something happens to you and you haven’t made these decisions for them.
Call our Atlanta GA estate planning office today and make an appointment for a free Georgia Family Treasures Planning Session (value of $750) and you’ll experience a peace of mind that you didn’t even realize you were lacking.
The author of the following article, Alexis Martin Neely, was featured in an interview on Good Morning America this morning. She had some important information that all parents need to hear:
Becoming a dad is the ultimate step into adulthood. It simply doesn’t
get more real than that, does it? That little face looking up at you
makes you realize that life isn’t just about you anymore. Suddenly,
you are responsible for the well-being and care of a little person who
is totally reliant on you. And in some ways, this new “mini-you” that
has come into the world makes you feel immortal.
On the flip side though is the lurking
thought “what will happen to mini-me if something happens?” If you are
like most people (69%), you push away the thought because it’s too
scary to contemplate your child being raised by anyone besides you.
But, here’s the thing … if you aren’t
willing to take the time and invest the energy in setting things up for
your little one (and her mom) the right way, you will leave your family
with a world of hurt if something happens to you.
The good news is that setting things up
the right way and doing the right thing by your family doesn’t have to
be as painful as you think it will be. If you are in the know about
what you need and how to get it taken care of, getting your personal
affairs in order can even be downright enlightening.
Let’s start with the bare minimum of what
every dad needs to have in place to make life as easy for his kids and
their mom if anything happens.
Document Set #1: Kids Protection Plan
Regardless of the size of your bank account, if you’ve got a child at
home who depends on you, you need to have a comprehensive Kids
Protection Plan® (KPP) in place to ensure her well-being and care in
case you can’t be there.
A KPP begins with naming legal guardians
to raise your children if anything happens to you and their mother.
But, that’s just the beginning. A comprehensive KPP will also name
local friends or family as guardians for the immediate/short-term care
of your children so that the authorities never have to take your
children out of your home and into the care of strangers. With a KPP
in place, you’ll carry an ID card in your wallet listing the names and
addresses of your immediate/short-term guardians as well as provide
written instructions to all of the people who care for your children,
such as babysitters and schools. Finally, a KPP will confidentially
exclude anyone you know you would never want to serve as guardian of
your children to ensure there are no court-room battles over your
child’s care and will also provide detailed instructions about things
like health care, education, discipline and your values, so your
children are raised the way you want, no matter what.
Document Set #2: Financial Durable Power of Attorney
A financial durable power of attorney is
something every adult needs, even if you don’t have little kids at
home. This document is what will let your family access your bank
accounts, pay your bills, and make financial and legal decisions for
you if you are hospitalized or otherwise incapacitated.
This story should bring home the importance of having a durable power of attorney in place:
My law firm was contacted by a young woman
after her father was hurt at his janitorial job, hospitalized and
unable to communicate. This man thought he didn’t need estate planning
because his income was very low and he had less than $10,000 in the
bank.
Unfortunately though, his failure to plan
left his family in a lurch. They needed the little bit of money he had
in the bank, but couldn’t access it without going to Court because the
account was in his name and he didn’t have a durable power of attorney
naming anyone to act for him legally.
The cost of going to Court was going to cost their family more than the money that was in the bank!
Don’t leave your family in this kind of a painful situation unable to
access the limited resources you have because you didn’t do what you
need to do. Be sure you have a financial durable power of attorney in
place and make sure it’s comprehensive and will work when your family
needs it.
Document Set #3: Health Care Directive (Living Will)
A Health Care Directive (also known as a
Living Will or Health Care Power of Attorney) is another document set
that every adult needs, even if you don’t have little ones at home
counting on you.
These set of documents do two important things:
Appoint the person you want to make health care decisions for you, if you cannot make them for yourself; and
Tell your appointed decision-maker how you want those decisions to be made.
Each state has its own rules for how these
documents should be prepared. In some cases, your instructions can be
all in one document and in others they need to be two separate
documents. The most important thing is that you get something down in
writing.
And, once again, make sure you’ve got
something that will really work when your family needs it. I recommend
giving broad discretion to someone you trust to make decisions about
all of your health care decisions, including not only life-saving
medical care, such as respiration, but continued nutrition and
hydration in case you are incapacitated. If you recall the Terry
Schiavo case from several years ago, in which her husband and her
parents fought over whether she should be kept alive or not and the
case was brought all the way to the Florida Supreme Court, the issue
was not whether to continue to keep her lungs pumping, but whether to
continue to provide nutrition and hydration – be sure your medical
directive addresses these issues.
Document Set #4: Will:
When it comes to estate planning, most
people think of having a Will. Unfortunately, having a Will often
provides a false sense of security to people who think “I have a Will,
therefore, I’ve taken care of everything.” That’s a myth.
In fact, your Will is the least important of the 5 legal documents every dad must know about.
A Will sets forth what you want to happen
to your assets at the time of your death. But, here’s the thing, where
there’s a Will and your assets are owned in your name, the Will merely
acts as instructions to the Court as to what to do with your assets.
That means your family is stuck dealing with the Court after you are gone. Nobody wants that, trust me.
The Court process for handling your assets
after your death is called probate. It’s typically expensive,
time-consuming, and always totally public, which means anyone in town
can find out how much you’ve left behind, who it went to and when they
get it. That puts your loved ones on the radar of every con artist in
the neighborhood.
A Will alone is really only appropriate for dad’s who have no (or very
limited) assets titled in their name. If you have assets, such as a
home, bank accounts, life insurance, and retirement accounts, you need
to have a Living Trust to keep everything out of court, totally private
and make it super easy for your loved ones.
You may have heard that if you only have life insurance and retirement
accounts that you could simply name beneficiaries on those assets and
avoid probate. That’s true, but not going to work if you have minor
children because they are too young to be the beneficiaries of your
assets and would end up in Court with a guardian appointed to handle
them. Not what you want.
Document Set #5: Trust
If you have financial assets or real estate, you want to have a Living
Trust. A Living Trust is the single best way to make things as easy as
possible for the people you love, bar none.
But, and it’s a big BUT, most people who have a Living Trust in place have one that won’t work when their family needs it.
It’s the same for each of these documents I’ve talked about; they are
only going to work the way they were designed to work if the law stays
the same and your life stays the same.
As your life changes, the documents need to change.
As the law changes, the documents need to change.
And, for your Living Trust, it won’t work
unless all of your assets are titled in the name of it, not just once,
but every time you acquire an asset in the future.
I’ve met with loads of people who thought
they had everything taken care of because they had prepared these 5
documents or had them prepared by a lawyer, but because they had not
been kept up to date or their assets were not owned properly, the
documents didn’t work!
In fact, that happened in my own family
when my father in law died. He had spent thousands of dollars to work
with a lawyer who put in place a set of documents for him and then
didn’t keep them up to date and didn’t make sure his assets were owned
properly on an ongoing basis. What that meant is at the end of his
life, we were stuck dealing with the one thing he thought he was
protecting us against – the probate court and a fight with his ex-wife.
Even Michael Jackson, who no doubt spent hundreds of thousands of
dollars with his lawyers, had a trust-based estate plan that he was
probably told would keep his family out of court. As we now know, it
must have failed because his family has been dragged into court already
multiple times since his death with everything open to the public.
So, yes, these 5 documents are absolutely
vital because they will make life as easy as possible for your family,
keep your loved ones out of court and get them easy access to your
assets in the midst of a crisis, but only if they are kept up to date and your assets are owned properly.
Most people do not have the time,
knowledge and discipline to do this for themselves the right way. If
you do, great. But, who is going to guide your family to make the
right decisions and carry things out the right way after you are gone?
Because when all is said and done, that’s really what this about, isn’t?
There’s nothing more important to you than your family. They are why you do everything you do, right? So, for them, find a lawyer who will guide you right during your lifetime and be there for your loved ones when you can’t be.
It’s far easier for you to take care of things now, while you are
living and able than it will be for them to take care of things after
you are gone. Legal planning is not about the money; it’s about making
life as easy as possible for the people you love … no matter what.
Special Update!
In honor of the Dad-o-Matic
article and her appearance on Good Morning America, Alexis has
convinced her publisher to give her vital book on legal planning for
parents (Wear Clean Underwear, Morgan James Publishing 2008) away on
Kindle for just .99. Get your copy today right here.
To complicate things further, the father of these children is not
(and has never been) in the picture to claim responsibility. So fearing
the kids would end up separated in the state welfare system, a neighbor
(who also has six children of her own), stepped up to the plate. And
thankfully the Los Angeles community has stepped up to the plate by
donating diapers, clothing, food, etc. for the now mother of 10.
But in most cases, stories like this one don’t have such a happy
ending. The sad reality is that children are placed in situations their
parents would’ve never have dreamed possible because they didn’t take
the time to plan ahead in the case of their unexpected death or
incapacity.
Let this be a wakeup call for you.
There are three simple things that could have been done differently
to ensure these kids were taken care of upon their mother’s
passing. And if you have little ones at home counting on you, I urge
you take these steps now to ensure a legacy-and not regrets-are what
you leave behind:
1. Get a Term Life Insurance Policy- For a small
amount of money each month, this mother of three with a fourth on the
way could have been paying for a life insurance policy so that her
children were provided for financially should something happen to her
(especially knowing that their father was not in the picture and would
not contribute to their care financially). Because she did not have
life insurance in place, her children are now forced to rely on
handouts and charitable donations from neighbors until they are old
enough to support themselves.
2. Name Short-Term and Long-Term Guardians- While
this story “seems” to have a happy ending with the neighbor stepping up
to raise the four children and keep them all together, will she really
be able to manage raising ten children? Maybe there was another friend
or a family member who would have raised these kids EXACTLY as their
mom would have wanted, but we’ll never know because she didn’t document
her choices for her kids’ care.
3. Create a Legacy of Non-Tangible Assets- This
mother unexpectedly died during childbirth. Because of this, her
newborn baby will never hear the sound of her voice or know firsthand
what her mother’s values were or how she would have guided her about
things like spirit, money, discipline, education, sex, or health
care. As parents, even if you don’t have any money to leave behind, you
can leave your children a gift of your values - who you are and what’s
important to you. You can do that for free by writing letters or
recording a CD for your children. If you work with a Personal Family Lawyer®, this is just part of the legal planning process and becomes a gift that is far greater than all the money in the world.
Ideally, the best way to ensure the well-being and care of your family is to meet with a Personal Family Lawyer®-but
if that’s not feasible for you at the moment because of time or
financial constraints or because there isn’t one in your neighborhood,
I’ve given you steps you can take in the interim. My number one
suggestion is to grab a Kids Protection Planning Kit and a digital recorder or a video recorder. The Kids Protection Planning Kit
will walk you through the legal documentation process and even has
forms you can complete to leave instructions to your guardian. But,
even better than writing them out, speak them. Leave your kids an audio
or video message from you - that’s truly priceless.
Regardless of how you chose to go about it, take the time to get
your affairs in order while there’s still time-ESPECIALLY if you have
young kids depending on you at home. It’s the only way to leave behind
a real legacy-instead of regrets-at the end of your life.
As a Marietta and Atlanta GA estate planning attorney and blogger on estate planning topics for several years, I have had the pleasure of getting to know many similar estate planning lawyers throughout the country. One of them, my colleague David Shulman of the South Florida Estate Planning Law Blog, has posted an excellent, concise and very timely discussion of, and a link to, the Last Will and Testament of Michael Jackson.
As I have posted before on my Georgia Wills, Trusts, Estate Planning and Probate Blog, we can show you a will after someone's death because it is a public record. Unlike many, however, as David points out, Mr. Jackson in this Will appears to have done it right: he had a trust (a private document) set up to hold his assets and this will transferred any property not otherwise ownedd by the trust but which was owned in the singer's individual name, to the trust, to be administered and distributed in accordance with the instructions left in the trust document. David's post continues below.
The will is what’s known as a “pour-over” will. In other words, instead of the will itself disposing of all of his assets directly, it instead transfers all of his assets to the “MICHAEL JACKSON FAMILY TRUST” as amended and restated on March 22, 2002. The terms of his revocable trust will govern the disposition of his property. I assume that most of the assets will remain in trust for his children and their children, with significant distributions to other family members and charities.
However, I don’t know. I’m only assuming.
A will is public and is filed with the court. A trust is not. There is no obligation to disclose the terms of the trust to the public. Certain beneficiaries are entitled to copies of the trust however, and it’s possible that one of them might leak it at some later point in time.
The executors of the will [. . .] are John Branca, John McClain, and Barry Siegel. Their primary responsibility will be to transfer the estate’s assets, that is the assets that were not already owned by the trust, to the trust. The successor trustee (whoever that might be) is then responsible for managing the trust estate.
He did nominate his mother, Katherine Jackson as the guardians of his minor children. In the event of the death, inability, or refusal to act of Katherine Jackson, he nominates, believe it or not, Diana Ross!
Those are the only details now. It’s a short five page will. Unless there is a subsequent will, or the trust somehow becomes public, this is all the information that will be public.
I’m actually impressed. It seems that as irresponsible of a person as he was, he might have actually done this correctly. [Compare this to the outcome of] Anna Nicole Smith.
There are a lot of parents out there who have not named guardians for their kids because they really can't decide.
You might be one of them.
But, here's the thing. If you don't decide and something happens to you, the decision gets made by a Judge.
You don't want that, do you?
Here's a few things that may help you decide:
1. Think through on a practical, realistic and non-emotional (to the extent you can) level who would come forward to raise your kids if you were in an accident.
2. Is that who you would want to raise your kids?
3. If not, who would be better than that person or those people?
4. If more than one person would come forward, who would a Judge pick if the Judge had to decide between all the people who would come forward?
Bottom line?
If you don't decide, a Judge will. Even your worst choice would be better than that, right?
The free KidsProtectionPlan.com website will walk you through the entire process of choosing the right guardians for your kids and then legally document your decisions.
If not knowing who you want to name has been holding you back, don't let it hold you back a second longer.
Do it now. It's Free. It's Easy. No Excuses.
SOURCE: Alexis Martin Neely, who is a mom, writer, speaker and the Personal Family Lawyer you love. Alexis makes it super easy for your family to talk about and plan for sticky subjects like money, death and taxes. Find your own Personal Family Lawyer at www.PersonalFamilyLawyer.com. Get Alexis' humorous, enlightening, and often quite revealing Family Wealth Secrets by visiting her website at www.FamilyWealthMatters.com.
Tips for making sure your children are cared for in the event of your death.
"Mommy, what happens after you die?"
It's a question most kids ask at some point – and we may quickly paint a picture of fluffy clouds, golden roads, rainbows and go about our day.
It's a question parents rarely want to truly consider. But ask yourself – what would happen to your kids if you died? Who would take care of them?
"A will may not be enough," says attorney Darlynn Morgan of The Morgan Law Group in Newport Beach. Morgan, a personal family lawyer, offers estate planning tips and advice to parenting and moms' groups, with a particular focus on children.
Here are her tips for ensuring your children's future in the event of your death:
•If both parents can't agree on a suitable guardian for the children, don't give up. Find a mediator who can help you to come to a mutual agreement for the benefit of the kids.
•When you name a couple to act as guardians, be sure to indicate what should happen if the couple broke up or one of the partners in the couple died. You want to ensure your children don't end up in the care of someone you wouldn't really want.
Name several alternate guardians if your first choice can not serve.
•It isn't necessary to take into account the financial resources of potential guardians when deciding who should raise your children. Your guardians are the people who will be in charge of your kids' emotional, spiritual and physical well-being, not necessarily their money.
It's your responsibility to leave enough money behind to take care of your kids either through savings or life insurance, and someone to manage that money if the guardians are not good money managers.
It's also a good idea to provide someone to manage your children's money so a lump sum doesn't go to your children at age 18 – without adult supervision.
•Be sure to name short-term guardians as well as long-term guardians. Short-term guardians will offer immediate care of your kids if you were in an accident. Otherwise, your kids could be taken out of your home and into the arms of strangers (child protective services) until the authorities figure out what to do.
•Be sure to specially name anyone you want excluded as guardians – those who might challenge your decisions or who you would never want raising your kids. (A grandparent or aunt or uncle, for example, who may fight the guardians for custody).
For a list of Morgan's upcoming speaking events, visit Morgan Law Group.
SOURCE: Orange County Register in an article written by CYNTHIA RUPE
As a parent, the last thing I want if something happens to me is for my children to be put into a situation in which they feel scared, are surrounded by people they don’t know and don’t know just how much love I have for them. With these 3 Secrets you can guarantee your children will always have the security of knowing just how much you love them – even if you can’t tell them.
Secret #1: Put in Place a Clear Plan for the Protection of your Children — 69% of parents have not named guardians and of the 31% who have, most have made 1 of 6 common mistakes that leave their kids at risk. With a plan in place that names short and long-term guardians for the care of your children and gives clear guidance to your caregiver and everyone you’ve named to care for your children, your children never have to be put in a situation in which they would be taken out of your home and into the hands of strangers if something happens to you.
Secret #2: Legally Document Your Decisions— Parents regularly tell me that they have discussed and agreed upon a guardian for their children and have even made their wishes known to their families; however, not documenting your decisions can result in your wishes not being followed when it is too late. If you don’t communicate your wishes in a legally binding document, you are placing your children in the middle of a situation in which every family member has equal priority of guardianship and the decision about the care of your children will be left in the hands of a broken down Court system and a Judge who doesn’t know you or your kids. Legal documentation is particularly important if you intend for a friend to care for your children as courts will almost always choose a family member over a friend.
Secret #3: Provide a Foundation for Your Children’s Financial Future— Whether it’s through life insurance, savings or some other means, providing sufficient financial resources for your children’s care is your responsibility. And, as a responsible parent, you must take steps to protect what your children will receive. To do so, establish a living trust to receive any life insurance benefits your children would receive so that they don’t get access to your assets at the age of 18 and make sure your living trust holds title to any assets that would go through probate in the event of your death. And, if your estate is large enough, you will want to plan to avoid estate taxes as well. Consult with a Personal Family Lawyer™ who can help you protect your children’s future.
SOURCE: PersonalFamilyLawyer.com in an article by Alexis Martin Neely, who is the nation’s leading legal expert teaching parents about how to protect their children and their assets. Parents can learn how to choose the right guardians for their kids, avoid 1 of 6 common mistakes parents make when choosing guardians and even create free legal documents at www.GaKidsProtectionPlan.com. Get Alexis' humorous, enlightening, and often quite revealing Family Wealth Secrets by visiting her website at www.FamilyWealthMatters.com.
Redondo Beach, CA - On July 31, 2006, the Barber family was in a tragic car accident. Parents Melanie and Casey died. Their family was thrown into a nightmare.
This is a true story. Mel and Casey had talked about naming guardians to provide for the care of their sons and the money they’d leave behind. They never got around to it. They likely thought their family would be able to work out who would care for the boys and their money, with love and grace, if anything happened.
That’s not what happened. After the accident, the boys were in the foster care system for a short time. Since then, over 1,000 pages of court documents have been filed, 9 lawyers, and tens (or even hundreds) of thousands of dollars later, the boys will live with their aunt Janine and their money will be managed by a professional charging $100/hour until the turn 18.
Is that what Melanie and Casey would have wanted? If they had known what would happen, hey would have done everything they could to protect their kids, if only they had known how easy it would have been to take care of it.
Learn from their experience! It’s Easy to Protect Your Family and Your Assets with the guidance of a Personal Family Lawyer™.
Don’t be one of those people who think they know what to do and leave their loved ones with a complicated mess. Most LAWYERS don’t even know what’s necessary to keep your kids in the hands of people you know and trust.
By consulting with an expert Personal Family Lawyer™, you can relax and rest assured your kids will never be taken out of your home or raised by anyone you wouldn’t want. Only a Personal Family Lawyer guarantees your family and your assets will stay out of court.
Readers of Georgia Wills, Trusts and Estate Planning Blog, who own their own home and have minor children, can meet with Steve Worrall, a Personal Family Lawyer, for an absolutely free personal Family and Wealth Protection Planning Session (normally $750). If you already have a plan in place, but want to make sure it adequately protects your kids (most don’t!), ask for your free plan audit (normally $950).
To schedule your free Family & Wealth Protection Planning Session, call 770.425.6060. Your session must be scheduled by September 30, 2008. So call 770.425.6060 now and mention Georgia Wills, Trusts and Estate Planning Blog now.
If you don’t qualify to meet with a Personal Family Lawyer, be sure to request a Kids Protection Planning Guide, or visit this website, which teaches you how to protect your children without a lawyer.
"Caring for the needs and affairs of those incapable of caring for themselves"
INTRODUCTION
Is the formal appointment of a guardian by the Probate Court necessary to care for or conduct the affairs of an adult who has become incapacitated or disabled? The answer to this very important question, asked often by not only the family and friends of the adult but also by the adult, depends on the circumstances of each individual case. Posing the question is both appropriate and prudent, because adult guardianship proceedings are fairly complicated and time-consuming, as well as relatively expensive, primarily as a result of the due process protections afforded the proposed ward in such proceedings. This is not to say that guardianship proceedings are overly complex; the due process protections help assure that the Court receives clear and convincing evidence of incapacity before removing the rights of an adult citizen and that the order issued in every case is "fashioned" to the particular circumstances.
However, there are often available alternatives to guardianship which may accomplish the needed ends in any particular case. These alternatives should be considered, where applicable, and should be utilized in every case when doing so would accomplish the underlying purpose AND provide any needed protection for the adult.
It is important to distinguish physical disability or incapacity from mental disability or incapacity. One can be physically incapacitated yet retain full mental competence. On the other hand, one might be mentally incapacitated but be physically quite fit and well.
The availability and/or effectiveness of any of these alternatives will likely be dependent upon the type and extent of incapacity. To be legally effective and sufficient, the documents discussed herein requiring the signature of the adult must be signed at a time when the adult is capable and competent to understand the nature and purpose of the documents. Utilization of or preparation of the alternatives reviewed in this pamphlet may require the services of an attorney experienced in this field.
***
LIVING WILL
The Georgia Code defines a living will as a written directive instructing a physician to withhold or withdraw life-sustaining procedures in the event of a terminal condition, a coma, or a persistent vegetative state. It may also direct the withholding of food and water for a comatose, terminal patient. Its basic purpose is to protect a patient's dignity and prevent unnecessary pain and suffering at the end of life. Any person who is of sound mind may execute a living will. (Physical condition is irrelevant, as long as the individual is fully capable of understanding the document.)
The Georgia Code contains a form “Living Will,” which will be presumed valid and effective. There are very precise and detailed provisions governing the execution of a living will, the types of witnesses required and a person's right to revoke the living will. There are a number of specific requirements in the law governing the conditions under which the life-sustaining procedures may be withheld or withdrawn. Those relying in good faith on the directive are shielded from liability. There are criminal sanctions against persons concealing or forging a living will.
DURABLE POWER OF ATTORNEY FOR HEALTH CARE
The durable power of attorney for health care (DPAFHC) is quite different from the living will. A living will is a written set of instructions by the person wishing to express the person’s intentions regarding life-support decisions. A DPAFHC not only contains certain instructions but also names an agent to make health care decisions in accordance with the instructions and to enforce the person’s stated intentions. It covers many more situations than does a living will and applies any time a person becomes incapable of making or expressing health care decisions, not just at the end of life. It also allows for the authority to make anatomical gifts (organ and tissue donations).
As with living wills, the Georgia Code contains the form for the DPAFHC and sets forth the statutory requirements of formality of completion and execution. If the named agent is available, the DPAFHC will supersede a living will. However, to cover the possibility of the unavailability of the agent, many attorneys recommend the execution of both a living will and a durable power.
FINANCIAL POWER OF ATTORNEY
In addition to a health care power of attorney, one may also execute a financial or general power of attorney, which may be combined with or executed separately from the health care power. A financial power of attorney names an agent to act in the place of the individual, primarily in monetary and property matters, and defines the extent of or limitation on the authority given. The authority granted may be very limited and specific or be quite broad and include the authority to: write checks and make deposits in accounts; buy and sell real estate or other property or investments; negotiate and settle debts and claims; etc. Powers of attorney (both general and health care), executed while the adult is mentally competent, often allow for the conduct of all business and personal affairs of the adult once incapacitated without the necessity of guardianship. However, in the event a guardian of the property is appointed for the principal, the power of attorney is terminated by the entry of the order appointing the guardian.
The Georgia Code now contains a form for the Financial Power of Attorney and an explanation for principals of the nature of the power.
LIVING TRUST
A competent adult may also create an inter vivos, or "Living", trust which provides for the handling of all or certain financial affairs by a designated trustee. Like a power of attorney, it allows one to specify the person or entity (e.g., a trust department) to handle the affairs and manage the trust property and may define the exact manner of property management. It is also beneficial in that it designates the trustee with whom third parties may deal regarding financial and other matters within the scope of the trust in the event of incapacity.
REPRESENTATIVE PAYEE STATUS
When a person who receives Social Security, Supplemental Security Income or VA benefits becomes incapable of managing those benefits, the Social Security Administration or Veterans’ Administration can appoint a representative payee for such benefits without the necessity of guardianship. If the person is a resident of a nursing or personal care home, the benefits may be made payable directly to the care facility. If the resident also qualifies for Medicare or Medicaid, an assignment of benefits may satisfy any balance of monthly care charges in excess of Social Security or VA benefits.
GEORGIA MEDICAL CONSENT LAW
It is also important to recognize that, in an emergency, the law allows physicians to treat anyone who is incapable of giving informed consent. In non-emergency situations, the next of kin may consent if the patient is unable to do so. The Georgia Medical Consent Law lists the persons who may consent to medical care for another and authorizes physicians to act in emergency situations. Guardianship may not be necessary to consent to medical treatment, unless there is a dispute among those persons having equal voice under the law.
PLACEMENT DECISIONS AND PROCEDURES
Placement in a personal care home or nursing home often can be accomplished without a guardian, as long as the resident is either (a) cooperative or (b) incapable of objecting. A competent adult has the right to determine his own residence, and a facility is without authority to restrain an adult absent consent, unless the authority to determine residence has been placed in another (a guardian). At times it may be difficult to gauge whether a new resident will ultimately "object," since he may be resistant at first but may adjust after a period of time and voluntarily remain resident. Of course, it is also necessary to make the financial arrangements for the care of the resident, which may be done by the resident (if competent), an attorney-in-fact, or by anyone accepting the obligation and guaranteeing payment.
In 1999, the Georgia Legislature passed the “Temporary Health Care Placement Decision Maker for an Adult Act.” Under the Act, upon certification by an attending physician that an adult in a hospital, institution, medical center, or other health care institution is incapable of giving consent to a discharge from such facility and a transfer or admission to an alternative facility or placement, including nursing facilities, personal care homes, rehabilitation facilities and home and community based programs, considered to be in the adult’s best interest, authority to grant such limited consent is given to a list of persons similar to the Georgia Medical Consent Law. If no one authorized by such law is available or if all who are available waive authority to consent or dissent to the discharge, transfer or admission, a petition may be filed in the probate court seeking an order solely authorizing such discharge, transfer or admission. The order will be limited in time to those purposes and does NOT result in the appointment of a guardian.
GUARDIANSHIP PROCEEDINGS
Of course, there are times when full, legal guardianship is needed and necessary. In those cases, the law provides appropriate protections for the adult, and guardians appointed by the Court are monitored by and must file written, periodic reports on the condition of the ward and the ward's property with the probate court establishing the guardianship.
NOTE: This information is provided as a public service. It is NOT intended as a complete statement of the law applicable to every circumstance. If you have any questions about the alternatives discussed herein and their appropriateness to a particular situation or circumstance or if you need assistance in determining whether formal guardianship is necessary, please consult an attorney.
INVOLUNTARY TREATMENT
Probate courts may order the assessment and evaluation of persons 17 years of age and older who are believed to be mentally ill and/or addicted to or abusive of alcohol or drugs and who appear to be a risk of danger to themselves or others. The probate courts in counties in which there is located a state regional mental hospital or a designated private mental hospital may also order the involuntary treatment of such persons for limited periods of time. In crisis situations, the law allows the judge to order a person to be apprehended by the Sheriff or his deputy on the basis of a two-party affidavit (to be completed by two individuals 18 years of age or older who have observed the person in question within the last forty-eight (48) hours) and delivered to a hospital for evaluation by a doctor or other appropriate medical personnel to determine whether in his or her opinion involuntary treatment is necessary or advisable.
Choosing a person or family to care for your children is difficult. In fact, for many families, it’s the hardest part of planning their estate. It’s not easy to think of anyone else, no matter how loving, raising your child. Yet, you can make a tremendous difference in your child’s life by planning ahead. And you have nothing to lose except a few moments thinking about what you value most in life, and in childrearing.
Make the longest list you can stand of everyone you know who might possibly be a good guardian. When considering whether someone should be on the list, ask yourself, “would they provide a better home for my children than the foster care system?” If the answer is yes, include them.
Step Two: Decide What Matters Most
Choose a few factors that are most important to you and rank their order of priority. Here are some to consider:
* maturity and patience * parenting style * integrity and stability * presence of children in the home already * religion or spirituality * relationship with your children * marital or family status * willingness to serve * physical well-being * social and moral habits and values * availability of “free” time to raise children
Obviously, the perfect choice would score highly on every measure. But, because we are all imperfect, you will likely have more success in choosing the few characteristics that are most important to you. As you make your choice, consider that some factors can be influenced by you and others cannot. Integrity is something you cannot change. But if having an at-home parent is important to you, your prospective guardian might be willing to come home to raise your child if you make it possible through a well-structured and funded plan. Do not focus very much on financial resources as a factor - it is your responsibility as the parent to provide enough financial resources, either through insurance or savings, to provide for your children financially if you are not available.
Step Three: Match People to Priorities
Use the factors you chose in step two to narrow your list of candidates to a handful.
Listen to your body and feelings as you consider each person or couple as guardian.
You’ll need to rank in order this short-list into the people you would want first, second, and so on. If you select an attorney experienced in helping parents of minor children, be prepared to answer the following question whenever you have named a couple: if the couple divorces or, because of death or incapacity, only one can serve, would you like either one to be guardian, or would you prefer to move to the next name on the list? Guardian nominations can be simple or as complex as you choose.
Regardless of which spouse’s family or friends appear more frequently on your final list, it’s important to keep both families involved. One way to do that is to name members of one family as guardians to care for the children, and members of the other family as trustees, to manage the assets for the children. If there is a likelihood of conflict between these family members, be sure to share this with your attorney so that your guardianship can be customized to encourage them to keep the lines of communication open.
If you are still having difficulty, the very best thing you can do is find a neutral and objective third party to work you through this process. A friend who is totally not emotionally connected to the issue or a trusted advisor, like a Personal Family Lawyer, would be a good choice.
Bankrate, Inc. (Nasdaq: RATE) has published the findings of a national poll which found that 57% of consumers do not have a will. Furthermore, 69% of parents with children under the age of 18 are not prepared with a will. The poll is included in this month's segment of Bankrate's Financial Literacy Series: Planning for your heirs, which provides information, tips and advice to consumers on wills, trusts, and estate planning. To view Bankrate's Financial Literacy 2007 - Guide to Building Personal Wealth, go to http://www.bankrate.com/financialliteracy.
Although poll results show that Americans realize the importance of having a will (76%), many simply don't follow through. Forgoing a will could have major implications. Without a will, the state decides how property gets distributed, heirs will likely fight over property, and parents won't have a say about who will care for their children. [Editor's Note: To be sure this does not happen to your children, click here or here.]
"Having a will is the ultimate gift for your family," said Julie Bandy, editor-in-chief of Bankrate.com. "It clearly states your intentions, wishes and in the long run will save your heirs money and hassle," Bandy added.
Key findings of the poll include:
-- Although three-quarters of poll respondents say everyone needs a will, 57 percent say they haven't got one. -- Even worse, 69 percent of parents with children under the age of 18 don't have a will -- and 88 percent of them said they believe a will is important in order to appoint guardians. -- The incidence of wills increases with respondents' age: Of those 50 and older, 63 percent have a will, although 84 percent say every adult should have one, and 90 percent of that age group say they want to make their death as easy on their families as possible. -- Among those with a will, 71 percent used an attorney to help draft it; 14 percent wrote their own, 7 percent used software, and 2 percent bought documents from an office supply store. 6 percent of the respondents didn't specify. -- Responses were similar across all income levels.
Bankrate poll: This national random-digit-dialed phone study of 1,010 adults 18 or older was conducted for Bankrate by GfK Roper Public Affairs & Media. The surveys were conducted from October 26, 2007 through October 28, 2007. The sample was weighted by demographic factors including age, gender, race, education and census region to ensure reliable and accurate representation of adults in U.S. households. The margin of error for the survey is +/- 3 percentage points.
SOURCE: Bankrate.com in a story by Cheryl Allebrand
Parents of children who have disabilities have many issues to worry about. Perhaps one of the greatest is who is going to look out for and protect their child when they are no longer able to do so? When thinking of this eventuality, parents may turn to other family members or friends to step into their role should they become incapacitated or die. Alternately, parents may arrange to have this done by an individual advocate or a nonprofit, community-based organization whose mission is to support and advocate for individuals with disabilities.
Advocates can advise and offer assistance concerning the person who has special needs, but cannot make decisions that are legally binding for that person. The power to make legal decisions for another individual is done through guardianship or conservatorship.
What is Guardianship/Conservatorship?
Every person eighteen years of age or older is deemed to be competent by law, regardless of his or her actual ability or capacity. A guardianship or conservatorship, in general, is a legal mechanism that must be approved by a court that grants a competent adult legal power to make decisions for another person, one who is considered incapable of making decisions for himself or herself. This person may be a minor (under 18 years of age) or an adult who has been declared incompetent by the court. In the case of a minor, guardianship will generally terminate when the child turns 18, or, in come states, upon marriage if the child marries before age 18.
Legislation regarding guardianship varies by state, but generally, the guardianship procedure requires a petition to be filed in Probate Court. Also, a clinical team (consisting of a physician, licensed psychologist and social worker) must report that the individual is incapable of making informed decisions with respect to personal and financial affairs, and that failure to appoint a guardian would create an unreasonable risk to the individual’s health and safety.
When parents prepare for the future by making a will, it is crucial to consider the issue of naming a guardian or conservator for a dependent child or adult with a disability. Unless the parents’ will specifies who they want as guardian or conservator, the courts will decide. If appointed, a guardian has the control over the ward’s (the person who is represented by the guardian) personal and financial affairs. A guardian must file an inventory and annual accounts with the Probate Court. As a result of relatively new case and statutory law, there are certain important decisions that a guardian cannot make without specific court authorization. These include consenting to treatment with anti-psychotic medications, admission to psychiatric hospitals or consenting to experimental medical treatment.
There are different types of guardianship or conservatorship, each of which confers different powers.
A Natural Guardian generally refers to a parent. In most cases, a natural guardian has custodial rights but only limited rights to control the assets of a ward. A Guardian Ad Litem is often appointed only for the limited purposes of litigation. Guardian of the Estate, Guardian of the Property, or Conservator usually refers to someone appointed to manage assets and make financial decisions for the ward. General Conservatorship or Guardianship of the Person and Estate typically provides full decision-making powers (with respect to finances, medical decisions, living arrangements, etc.) for a person deemed to be unable to make decisions or perform necessary tasks on his or her own.
Limited Guardianship/Conservatorship
Powers of a conservator or guardian can often be limited to reflect the needs of the individual who has a disability. With a limited guardianship, the guardian is granted full power only in a specified area or areas in the life of the person with a disability. In fact, laws in a number of states specifically provide for the appointment of a limited conservator or guardian for certain individuals with developmental disabilities. A limited conservator or limited guardian is appropriate for individuals whose conditions impair their ability to care for themselves or their property, but not to the extent that a general conservatorship or full guardianship is required. A limited conservatorship or limited guardianship encourages maximum self-reliance and independence of the adult with developmental disabilities by giving the conservator or guardian power only over those activities the individual is unable to handle.
Alternatives to Guardianships/Conservatorships
Not all situations require the appointment of a guardian. In certain situations, a person with a disability may only need assistance and protection managing money rather than require the services of a court-appointed guardian and all that it entails. In these circumstances, an alternative to guardianship is a Supplemental Security Income Representative Payee who can be designated by the Social Security Administration to receive and disburse SSI benefits on behalf of that person. The Representative Payee must make an annual accounting to the Social Security Administration on how the funds are spent. Another alternative to guardianship is a Durable Power of Attorney. By signing a Durable Power of Attorney, a person with a disability can allow certain decisions such as those concerning management of his or her property, living situation or medical care to be made by another specified person, without court intervention. Certain rights can be preserved without the expense and time of court proceedings.
Additionally, a Special Needs Trust can be effectively administered by a trustee (one who manages the trust) or co-trustee to manage the finances and personal effects of a person with a disability, in lieu of a court-appointed general conservatorship or guardianship. In some situations, a skilled trustee or co-trustee can help meet the financial and personal needs of a person with a disability without court intervention or a restriction of certain rights. However, in the situation of only one individual serving as trustee and guardian, opportunities for “checks and balances” are decreased, posing the possibility for conflict of interest.
Whom to choose as Guardian
The appropriateness of the person being nominated should take into account some basic, yet often overlooked aspects:
Age: The age of the potential guardian in relation to the length of time that the guardian will have to serve should be considered. If the ward is a child, he may outlive a guardian such as a grandparent, aunt or uncle. For this reason, or in case any other situation arises where the guardian is unable to fulfill the task, parents should consider naming a “back-up” or contingent guardian in addition to their first choice.
Existing relationship with the ward: The guardian’s function is necessarily one that entails making personal decisions for the ward, so the guardian should be someone whom the individual trusts and with whom he or she has a good relationship, and who will actively participate in care decisions, provision of services and attention to the needs of the individual. Professionals or institutions, such as attorneys, accountants or banks, can be named but are not necessarily a good choice since their services are usually costly and, lacking any personal relationship to the individual, may not be sensitive to his or her needs.
What is the role of other family members?
Family members are usually the first and best choice as guardian or conservator; however, it should not always be presumed that this will be the case. Family members may not be suited for the role for a variety of reasons: they may not live nearby; they may not have the ability to assume the responsibility; naming one sibling or family member over another may cause friction; or they may simply not want to take on the job. However, by naming co-guardians to share the responsibilities or by asking them to assume other, related roles, family members can be included. They can be named to act as advisors to the guardian or conservator, be notified of certain actions and be copied on all important documents relating to decisions made by the guardian.
Making choices
A guardian or conservator will have considerable power in the life of the individual with a disability, so the individual should have as much input as possible in the choice. The process should evolve from discussions that include the person who has a disability as much as possible and an attorney who is knowledgeable in this type of planning. A clear, realistic picture should emerge of what possible future needs and decisions will have to be addressed (financial, residential, educational, health-related) and how much help the individual will need with each. The wishes and feelings of the parent and the child can be objectively discussed and incorporated into the level of support that is needed, and choices for guardians or advocates can be made as necessary.
SOURCE: Parent to Parent of Georgia in an article by Nadine Vogel reprinted from Exceptional Parent Magazine
Having children adds an new and extremely important dimension to estate planning. If all of a child's legal parents are dead or incapacitated, and never made arrangements for such an emergency, the child will have to be placed with a new family. This is an extremely disruptive process for the child, even if the new family are grandparents or other relatives. It can be avoided if a parent chooses a guardian for the child in a will or a grant of guardianship.
DIFFERENT PURPOSES. There are two kinds of guardians: guardians of the estate, and guardians of the person. The former manages the money or assets held by a child, either when the parents are alive or after their death. A guardian of the person, however, is someone who becomes a substitute parent for the child should the child's actual parents die or become incapacitated or otherwise unable to take care of them.
MATCHING ATTRIBUTES. When selecting a guardian, be aware of the two types, and choose people with the skills or attributes that best suit those roles. In other words, your accountant brother-in-law may be a terrific choice as guardian of the children's estate, but his workaholic nature may make him a poor choice for guardian of the person.
MULTIPLE GUARDIANS. Just as you can choose different people to be guardians of the estate and person, you can also choose more than one of each type if you have multiple children. For instance, if you have a large family and know that the burden of raising multiple children or managing their assets would be too much to ask of one person, you can assign certain guardians to certain children. Whereas there are probably fewer emotional ramifications to such a choice when guardians of the estate are involved, there are larger considerations at issue when dealing with guardians of the person. Do you really want your children split up into different families if you and your spouse die or become incapacitated before they are grown? Maybe, maybe not.
SHARED VALUES. Choose someone you know well and who shares your goals, values, and parenting style, whether you are selecting a guardian of the person or estate. Even if the person you select is limited to making financial decisions on your child's behalf, you want that person to share your philosophy of childrearing in general.
FINANCIAL STABILITY. Choose someone who has the financial resources to care for your children. It costs a lot of money to raise and educate children, and you do not want to impose these economic burdens on someone who can not meet them.
LONGEVITY. Choose someone young enough to see their responsibilities through to your child's adulthood, and in good enough health to withstand the challenges of childrearing. While physical disabilities do not necessarily preclude good parenting, it is wise to consider health factors that may limit a person's life expectancy or ability to parent. It may be tempting to choose your own parents as guardians, but logically speaking they are less likely to outlive you than are persons your own age or younger.
BE INDEPENDENT. Don't be influenced by others' wishes as to whom you should select to be your child's guardian. Unless the person you've selected opposes your choice, this decision belongs to the parents alone.
CONSIDER CHARACTER. Don't choose someone that a court would not approve as a guardian, such as someone with a history of drug or alcohol abuse or a criminal record.
TALK IT OVER. Although the guardian selection decision belongs to the parents, it is important to get approval from the person you are considering before you make it final. There may be valid reasons why someone can not fulfill your request, and it is better to find that out while you still have the option of making another selection.
GET IT IN WRITING. Once your decision is final, consult your attorney to draft the necessary documents to make your choices legally binding and official. Wills, trusts, and other legal documents can be used to implement your guardianship decisions. Your attorney can advise you on proper procedure, prepare the necessary paper work, and file any required documents.
The judge of the probate court of the county of the domicile of a minor having no guardian has the power to appoint a temporary or permanent guardian of person and/or conservator of property, or both, of such minor.
If the minor is over 14 years of age before the guardian is appointed, the judge of the probate court is required to follow any selection made by the minor, provided the selection is a judicious one. The selection once made cannot be changed by the minor, except by showing cause for the removal of the first guardian.
The probate court has no jurisdiction in cases concerning loss of custody by a parent or guardian due to cruel treatment, abandonment, or immoral conditions.
There is no authority vested in the judge of the probate court to displace a parent as guardian of the person of a minor. Thus, the judge of the probate court cannot appoint a permanent guardian of the person of a minor with living parents, unless the parents’ rights have been terminated.
Guardians of minors fall into the following general classification:
1. Natural Guardians
Natural Guardians: Unless otherwise provided by law, if both parents are alive, either is the natural guardian of the minor child. If the parents are legally separated or divorced, the custodial parent is the natural guardian.
2. Testamentary Guardians with Letters
Testamentary Guardians: A testamentary guardian is a guardian of a minor appointed by the will of the minor’s parents. Every parent may, by will, appoint a conservator for the property left to his minor children under that will. Every parent may also, if he is the last parent to survive, appoint by will a conservator over the minor’s property and a guardian over the minor’s person.
3. Testamentary Conservator with Letters
4. Guardians of person
Guardians of Person: A guardian of the person is defined to be one who has been lawfully invested with the care of the minor whose natural guardian is dead or has relinquished his or her parental rights. The appointed guardian is considered as standing in the place of the natural guardian for the sole purpose of the care and maintenance of the minor.
5. Conservators of property
Conservators of Property: In the event a minor possesses property and there is no natural guardianship designation made, a conservator of property must be appointed to take charge of and secure any such property for the minor and to hold such security until minor reaches the age of majority.
6. Guardians of both person and Conservator of property
Guardians of person and conservator of property: Are a combination of the above listed classifications.
7. Guardians ad litem
Guardians ad litem: Whenever a minor has an interest in any litigation pending in any court in this state and has no guardian, or his/her interest is adverse to that of the guardian, such court may appoint a guardian ad litem who is responsible to the minor for his conduct in connection with the litigation in the same manner as if he were a legally qualified guardian. The guardian ad litem is liable to the ward for any damages which may result from any culpable omission or negligence on his part. The appointment of a guardian ad litem is a right inherent in every court, not the probate court alone.
8. Standby guardians
Standby Guardianships: A parent or legal guardian of a minor child may sign a document designating another person to serve as “standby guardian” for the minor in the event the parent or guardian is determined to be unable to care for the minor due to the parent’s or guardian’s physical or mental condition or health including a condition created by medical treatment.
9. Temporary guardians of minors
Temporary Guardians: An appointment of a temporary guardian of the person of the minor may be ordered when need is alleged by the person having actual physical custody of the said minor. However, no temporary guardian may be appointed unless proper notice is given to the natural parents/guardians or if any objection is filed by a natural parent/guardian.
10.Temporary substitute Guardian
Temporary substitute Guardian: Upon its own motion or on the petition of any interested party, including the ward, the court may appoint a temporary substitute guardian for a ward if it appears to the court that the best interest of the ward requires immediate action. The temporary substitute guardian shall be appointed for a specified period not to exceed 120 days.
11. Temporary substitute Conservator
Temporary substitute conservator: Upon its own motion or upon the petition of any interest party, including the ward, the court may appoint a temporary substitute conservator for a ward if it appears to the court that the best interest of the ward requires immediate action.
If you have children, you should choose a personal guardian -- someone to raise them in the unlikely event you can't.
If your children are young, you've probably thought about who would raise them if for some reason you and the other parent couldn't. It's not an easy thing to consider. But you can make some simple arrangements now that will allay some of your fears, knowing that in the extremely unlikely event you can't raise your kids, they will be well cared for.
All you need to do is use your will to name the person you want to be the "personal guardian" of your children if one is ever needed. Then, if a court ever needs to step in and appoint a guardian, the judge will appoint the person you nominated in your will -- unless it is not in the best interests of your children for some reason.
If you don't name a guardian in your will, anyone who is interested can ask for the position. The judge then must decide, without the benefit of your opinion, who will do the best job of raising your kids.
Naming a Personal Guardian
You should name one personal guardian (and one alternate, in case your first choice can't serve) for each of your children.
Legally, you may name more than one guardian, but it's generally not a good idea because of the possibility that the co-guardians will later disagree. On the other hand, if you prefer that two people care for your child -- for example, a stable couple who would act as co-parents -- name both of them, so that they each have the legal power to make important decisions on behalf of your child.
Here are some factors to consider when choosing a personal guardian:
Is the prospective guardian old enough? (You must choose an adult -- 18 years old in most states.)
Does the prospective guardian have a genuine concern for your children's welfare?
Is the prospective guardian physically able to handle the job?
Does he or she have the time?
Does he or she have kids of an age close to that of your children?
Can you provide enough assets to raise the children? If not, can your prospective guardian afford to bring them up?
Does the prospective guardian share your moral beliefs?
Would your children have to move
If you're having a hard time choosing someone, take some time to talk with the person you're considering. One or more of your candidates may not be willing or able to accept the responsibility, or their feelings about acting as guardian may help you decide.
Naming the Guardian
When you've made your decision, all you need to do is put your choice of guardian, and an alternate in case your first choice isn't available, in your will. If you haven't made a will yet, but you have children, now is the time. Quicken WillMaker Plus (Nolo) will create a will for you and allow you add a guardian for your children, as well as an alternate.
Choosing Different Guardians for Different Children
Most people want their children to stay together; if you do, name the same personal guardian for all of your kids.
You can, however, name different personal guardians for different children. Parents may do this, for example, if their children are not close in age and have strong attachments to different adults outside of the immediate family. For instance, one child may spend a lot of time with a grandparent while another child may be close to an aunt and uncle. Or, if you have children from different marriages, they may be close to different adults. In every situation, you want to choose the personal guardian you believe would be best able to care for each child.
Choosing a Different Person to Watch the Checkbook
Some parents name one person to be the children's personal guardian and a different person to look after financial matters. Often this is because the person who would be the best surrogate parent would not be the best person to handle the money.
For example, you might feel that your brother-in-law would provide the most stable, loving home for your kids, but not have much faith in his abilities as a financial manager. Perhaps you have a close friend who cares about your kids and would be better at dealing with the economic aspects of bringing them up. Provided that your brother-in-law and your friend agree, you can name one as personal guardian and the other as custodian or trustee to manage your children's inheritance.
If You and the Other Parent Can't Agree
When you and your child's other parent make your wills, you should name the same person as personal guardian. If you don't agree on whom to name, there could be a court fight if both of you die while the child is still a minor. Faced with conflicting wishes, a judge would have to make a choice based on the evidence of what's in the best interests of your child.
Again, talk with the people you'd each like to name. Candid discussions with your potential guardians may bring new information to light and help you reach an agreement.
Making Your Wishes Known to the Guardian
Most people have strong feelings about how they want their children to be raised. Your concerns may cover anything from religious teachings to what college you'd like a particular child to attend.
One option is to write a letter to the personal guardian, outlining thoughts and feelings about how the children should be raised. Try not to put in too much detail, though; it could cause your nominee much guilt and frustration later if unexpected circumstances thwart his or her attempts to carry out your plans to the letter.
The best guarantee of an upbringing you would approve of is simply to choose someone who knows you and your children well, and whom you trust to navigate life's complexities on your children's behalf.
If You Don't Want the Other Parent to Raise Your Child
If one of a child's parents dies, the other parent usually takes responsibility for raising the child. This is what most people want.
If you are separated or divorced, however, you may feel strongly that the child's other parent shouldn't have custody if something should happen to you. But a judge will grant custody to someone else only if the surviving parent:
has legally abandoned the child by not providing for or visiting the child for an extended period, or
is clearly unfit as a parent.
In most cases, it is difficult to prove that a parent is unfit, unless he or she has serious problems such as chronic drug or alcohol abuse, mental illness, or a history of child abuse.
If you honestly believe the other parent is incapable of caring for your children properly, or simply won't assume the responsibility, you should write a letter explaining why, and attach it to your will. The judge may take it into account. Judges are always required to act in the child's best interests. In choosing a guardian, a judge commonly considers a number of factors; you may want to address them if you write a letter explaining your choice for personal guardian. Here are the big ones:
the child's preference, to the extent it can be ascertained
who will provide the greatest stability and continuity of care
who will best meet the child's needs
the relationships between the child and the adults being considered for guardian, and
the moral fitness and conduct of the proposed guardians.
Yes. If both parents of a child die or become otherwise unable to care for a minor child, another adult -- called a "personal guardian" -- must step in. The personal guardian will be responsible for raising your children until they become legal adults. You and the child's other parent can use your wills to nominate someone to fill this position. To avert conflicts, you should both name the same person. For more information, see Choosing a Guardian for Your Children.
You can choose that same guardian to manage property that you leave to your minor children or you can name someone different. You can name a "property guardian," a "custodian", or a "trustee" to manage the property:
Name a property guardian. You can simply name a property guardian to manage whatever property the child inherits, if there's no other mechanism (a trust, for example) to handle it. The guardian will manage the property until the child reaches the age of 18.
Name a custodian under the Uniform Transfers to Minors Act (UTMA). In every state except South Carolina and Vermont, you can choose a custodian to manage property you are leaving to a child. The custodian will step in to manage the property until the child reaches the age specified by your state's law -- 18 in a few states, 21 in most, 25 in several others.
Set up a trust for each child. You can use your will to create a trust for any property the child inherits and to name a trustee to handle the trust property until the child reaches the age you specify.
Set up a "pot trust." If you have more than one child, you may want to set up just one trust for all of them. This arrangement is usually called a pot trust. You name a trustee to decide what each child needs and to spend money accordingly.
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This blog is written and published by Stephen M. Worrall for educational purposes only, i.e. to give information and a general understanding of Georgia family law, not to provide specific legal advice. The information provided by this blog should not be used as a substitute for legal advice from a licensed attorney in your state. Steve Worrall is licensed to practice law in the state of Georgia only.
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Georgia Cities and Counties in Which We Practice
We do take and have handled cases in counties throughout the State of Georgia, but these are the ones in which we handle the majority of our cases.
Bartow County, GA Includes the cities of Cartersville, Emerson, Euharlee, Kingston, and White
Cherokee County, GA Includes the cities of Ball Ground, Canton, Holly Springs, Waleska, and Woodstock
Clayton County Includes the cities of Forest Park, Jonesboro, Lake City, Lovejoy, Morrow and Riverdale.
Cobb County, GA Includes the cities of Acworth, Austell, Kennesaw, Marietta, Powder Springs and Smyrna and the communities of Mableton, Vinings, Fair Oaks, Cumberland, Town Center, East Cobb, West Cobb, North Cobb, and South Cobb
Coweta County Includes the cities of Grantville, Haralson, Moreland, Newnan, Senoia, Sharpsburg and Turin.
DeKalb County, GA Includes the cities of Avondale Estates, Chamblee, Clarkston, Decatur, Doraville, Lithonia, Pine Lake and Stone Mountain.
Douglas County, GA Includes the city of Douglasville and the community of Lithia Springs.
Fayette County Includes the cities of Brooks, Fayetteville, Peachtree City, Tyrone and Woolsey.
Fulton County , GA Includes the cities of Alpharetta, Atlanta, College Park, East Point, Fairburn, Hapeville, Johns Creek, Milton, Mountain Park, Palmetto, Roswell and Union City.
Gwinnett County, GA Includes the cities of Berkeley Lake, Buford, Dacula, Duluth, Grayson, Lawrenceville, Lilburn, Loganville, Norcross, Snellville, Sugar Hill and Suwanee.
Henry County Includes the cities of Hampton, Locust Grove, McDonough and Stockbridge.
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ABA Section of Family Law: Tech Corner Family Law practitioner and ABA Family Law Section member Stephen M. Worrall refers to Microsoft Office OneNote as The Ideal Note-Taking Tool for Today's Lawyer in his TabletPCLawyer blog.
Alabama Family Law Blog: Checklist of Divorce Issues I've just discovered Stephen Worrall's Georgia Family Law Blog. Its a very good blog with a lot of great content, and its not all specific to the state of Georgia, so check it out.
California Divorce Blawg: Georgia Family Law Blog Stephen M. Worrall and Melissa A Mullin, are in charge at the Law Firm of Mullin & Worrall in Marietta, Georgia. In addition Worrall produces the Georgia Family Law Blog, which is a great resource for those with Georgia divorce on ther minds. For those of your who have seen me in court, visited my office, of sat in on one of my speaking presentations, you are aware of the fact that I am a big proponent of tablet pc's, and I use mind all the time. If Stephen Worrall wasn't busy enough and maintaining his Georgia blog, he also produces the Tablet PC Lawyer Blog, which I frequently visit. Take a look at both of his blogs when you can.
CKA Mediation & Arbitration Blog: Excellent Resource on Georgia Domestic and Family Law (including mediation) I recently found an interesting, informative and frequently updated blog about Georgia family law and divorce law, the Georgia Family Law Blog. Run by Stephen M. Worrall, a Marietta based domestic attorney, it contains tons of great information on Georgia domestic and family law, including mediation.
I plan to visit the site often as I hope to expand my practice into domestic mediation in the next few months.
Divorce Law Journal: Blawg Review #101 Gaining ground in my corner of the blawgosphere are divorce and family law bloggers . . . Stephen Worrall of Georgia Family Law Blog with Helping Georgia’s juvenile code grow up.
Divorce Law Journal: More on Getting a Get Thanks to Stephen Worrell at the Georgia Family Law Blog for the post Jewish women look to courts to obtain traditional divorce decree which led us to the article.
Florida Divorce & Family Law Blog: Observations from Seasoned Family Law Attorney I recently found this article on the Georgia Family Law Blog. It gives some helpful advice to divorcing couples on how to conduct yourself during a divorce. Its helpful to get advice and thoughts from a seasoned family law attorney who has been "in the trenches" for many years.
Florida Estate Planning Lawyer Blog - How to Choose a Guardian for your children The Georgia Wills, Trust, and Estate Planning Blog has an article on choosing the right guardian for your children where the break down the process into three steps. This three-step approach should make the process easier to accomplish without damaging the marriage.
Indiana Family Law Blog: Helping children cope with your divorce The Georgia Family Law Blog has another excellent article on helping kids deal with the challenges they face when the parents divorce. Any family law attorney worth his or her weight in salt should refer clients to this article.
Indiana Family Law Blog: How to stay happily married By way of Georgia’s most active family law blogger, we have a link to a free podcast (aka audio file to listen to on your computer or mp3 player) featuring ten marriage counselors each offering a tip on how to keep a marriage happy.
Indiana Family Law Blog: More good planning ideas The Georgia Family Law Blog has another dose of good advice for people contemplating divorce. What I particularly like about this post is that it’s not adversarial. It’s practical and looks toward the future.
Indiana Family Law Blog: The beginnings of an idea, perhaps a proposal Fellow family law blogger Steve Worrall notes that in his home county [, Cobb County, Georgia, in Marietta and metropolitan Atlanta], there is a program for engaged couples and newlyweds that addresses topics like communication, anger management, financial planning, and so on.
Inter Alia: Blawg of the Day Steve Worrall is a lawyer with the firm of Mullin and Worrall in Marietta, Georgia. His Georgia Family Law Blog provides "news and thoughts on family law issues in Georgia: divorce, alimony, child support, child custody, visitation, property division, adoption and more."
Kentucky Family Law Blog: Choosing a Guardian for Your Children The following article came to my attention through the Georgia Wills and Probate Law Blog. While not related to child custody law, I feel that it provides important considerations for those with familes that are changing due to divorce.
NC Divorce Talk Radio: YouTube and Billboards The panel also visits the issue of domestic violence and takes a look at a post from the Georgia Family Law Blog that examines the non-physical aspects of abuse in a relationship.
Ohio Estate Planning and Elder Law: Couples Face Pitfalls When Estate Planning In A Second Marriage Attorney Stephen M. Worrall writes the following in his Georgia Wills, Trusts and Estate Planning Blog. This centers upon an issue that is constantly overlooked, creating drastic and unfortunate impact upon the estates of many people! Don't overlook the importance of planning in second marriage situations.
P.I.S.S.D.: Link of the Day - Georgia Family Law Blog Marietta, Georgia attorney Stephen M. Worrall writes the Georgia Family Law blog in addition to maintaining a Web site on Georgia Family Law....
Attorney Worrall also publishes the Georgia Wills and Probate blog.... And now, late breaking news: Steve has just started a new blog about tablet computers.
Sam Hasler's Indiana Divorce & Family Law Blog: My Roundup of Law Blogs Part 3 Georgia Prenuptial and Postnuptial Agreements Blog: "News and Thoughts on Prenuptial Agreements, Postnuptial Agreements and Reconciliation Agreements in Georgia." From Stephen Worrall who also publishes Georgia Family Law Blog. Fairly new, well-written. Combine this with #14 if you leave here wanting more information on pre-nuptial agreements.
UPDATES IN MICHIGAN FAMILY LAW: Electronic evidence used more frequently Steve Worrall, author of the outstanding Georgia Family Law Blog, has written many posts recently about the increasing frequency with which electronic evidence is being sought and used in court proceedings. A recent blog article entitled Law evolving as divorces drag in electronic evidence, is well worth the time to read, whether you're a family law subscriber to this Blog or a layperson involved in a pending divorce.
VA Family Law Blog: Abuse Warning Signs Take a moment and look at this important post from the Georgia Family Law Blog because it wisely points out that before abuse becomes domestic violence, there are warning signs. These signs may be happening in the life of someone you love or work with. The blog post was spawned by one of the too-numerous instances of death-by-spouse which happen in the U.S. each year.
Regardless of the size of your bank account, if you’ve got a child at
home who depends on you, you need to have a comprehensive Kids
Protection Plan® (KPP) in place to ensure her well-being and care in
case you can’t be there.
