Saturday, April 16, 2011

Why you should have an estate plan

Everyone should have a will. If you die without a will, then the law and courts of your state determines what happens to your assets and your minor children. So unless you have an inordinate amount of faith that the state legislature and the courts will do what you want, you need a written will to make your wishes known.

Documents just as important to have are a Health Care Proxy and a Power of Attorney.

A Health Care Proxy allows you to appoint a specific person to be your agent to medical decisions for you in the event that you become incapacitated and cannot make decisions. Health care proxies have become increasingly important today due to conflicts among relatives of the primary individual. In your proxy, you can specify what you want your agent to do should something happen to you (i.e. do not resuscitate, no life support etc).

A Durable Power of Attorney is a document that allows you to give another person (called your agent or attorney-in-fact) the ability to make financial and legal decisions on your behalf should you become incapacitated. Unless you have a valid power of attorney, the Probate Court needs to appoint a guardian or conservator to make decisions for you while you are incapacitated. The process is expensive and time-consuming and the court could appoint a total stranger to oversee your affairs. The proceedings can be contested and would be open to the public.

My fee for an estate plan (which includes a will, a health care proxy and a durable power of attorney) is $250.00. If you are a Massachusetts resident, you can contact me through my website or email me.







Law Office of Kara Fratto
P.O. Box 205
Reading, Massachusetts 01867
Tel.: (781) 205-4234
Fax.: (781) 205-4840
 

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