Follow Andrew Linkedin Twitter Facebook
Email Andrew Email
Legal Issues
Jan 6, 2017

The Most Important Document For Estate Planning

Sponsored Content provided by Andrew Olsen - Elder Law Attorney, CSH Law

Now that the holidays have come and gone, family members are often beginning conversations about their aging loved ones and how to protect assets with estate planning documents. 
 
For the young and old alike, however, the new year is a good time to be proactive about estate planning. While a will or a trust may be one of the first instruments to come to mind, a power of attorney is actually the most important document all adults need to protect their assets and preserve their estates.
 
A power of attorney is a legal instrument in which one person - a principal - appoints another person - the agent - to act on the principal’s behalf when the principal is not capable of making decisions. This document can be broad enough to permit the agent to make all kinds of financial and personal decisions, or can be limited to only certain circumstances. 
 
The principal can also choose when the agent’s authority becomes effective. When a power of attorney is properly drafted, it can even authorize the agent to transfer assets for long-term care, veteran’s benefits and Medicaid planning. A word of caution here: we often see powers of attorney that do not adequately provide for the transfer of assets required for successful long-term care planning.
 
Many people tend to believe they will execute a power of attorney at a later point. Unfortunately, this is not always an option, because people cannot know when they might be rendered incompetent. An older person with dementia can slide quickly into incompetency before the power of attorney can be executed. A younger person could be in a disastrous accident that renders them comatose. Without a power of attorney in place, the only alternative is for a family member or friend to seek a guardianship.
 
A power of attorney is fairly inexpensive when compared to the more costly guardianship hearing in a court of law, where medical evidence is required. In a guardianship hearing, a person may be deemed incompetent by the court. The court then appoints a guardian to make personal and/or financial decisions for the incompetent person. In a guardianship proceeding, an incompetent person lacks control over who may be appointed as a legal guardian.
 
In close, a power of attorney is a low-cost, private way to choose which trusted individuals will have the legal authority to act on a principal’s behalf. Without a power of attorney - or a properly drafted power of attorney - a person who becomes incompetent finds his or her ability to preserve assets significantly hampered, leaving guardianship hearings as the only other option. 
 
With the arrival of the new year, make a resolution to protect your assets by executing a power of attorney.
 
Andrew Olsen is an attorney in the CSH Law Elder Law Practice Group in Wilmington, NC, where he practices in the areas of elder law, estate planning probate, guardianship, alternative dispute resolution, estate and trust litigation, special needs planning and veteran’s benefits. To contact Olsen, call (910) 777-5733 or email him at [email protected].
 

Ico insights

INSIGHTS

SPONSORS' CONTENT
Chris coudriet

A Public Service Profile on Engaging with Adolescents in Our Community

Chris Coudriet - New Hanover County Government
Untitleddesign4 212391244

Firing With Compassion

Andy Almeter - Leath HR Group, LLC
Pfinder john zachary

Business Owners: Do You Sponsor a Retirement Plan For Your Business? These Are Things You Should Know Going Into 2025

John B Zachary - Pathfinder Wealth Consulting

Trending News

Credit Card Processing Firm Announces New Office, Hiring Plans

Staff Reports - Oct 11, 2024

Upgrades Planned For South Front Street

Emma Dill - Oct 11, 2024

In The Current Issue

Campaign Highlights Native Plants

The campaign, a joint effort by the Alliance for Cape Fear Trees (ACFT) and the N.C. Cooperative Extension-New Hanover County, is essential...


Are DEI Efforts Fading Away? ‘Diversity, Equity And Inclusion’ Become Highly Charged Words

Former Wilmington DEI executives say the momentum of diversity, equity and inclusion efforts that flared up in 2020 has fizzled out....


Contract Potential Boosts Printing Firm

Established in 2016, Creators’ Print House is a screen-printing company specializing in large-format digital printing and embroidery....

Book On Business

The 2024 WilmingtonBiz: Book on Business is an annual publication showcasing the Wilmington region as a center of business.

Order Your Copy Today!


Galleries

Videos

2024 Power Breakfast: The Next Season