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Posts Tagged ‘Power of Attorney’

Do you have a ‘special needs’ child?

Sunday, May 22nd, 2011

Most of us know that each child is special and unique, but in this case I’m talking about a child that has ‘special needs’.

These special needs can run the gamut from being mildly allergic to milk to being unable to care for themselves at all.

When the child is under the age of 18, the parent can make decisions for the child without question so long as they have not been removed as the legal guardian of the child.

But what happens when that child reaches the age of majority? In most states, a person is presumed to be able to make their own decisions when they reach the age of 18.

If your child’s special need is to not drink milk, this is probably ok. The child probably knows to stay away from foods that have negative consequences. But what about a child that is not able to take care of his or her own self?

If the now-adult child is capable of understanding what it means, he or she can execute a power of attorney giving the parent (or someone else) the authority to act or make decisions on behalf of the child. If the child is not capable of understanding what it means, the courts may need to step in to authorize someone to take actions on behalf of the child. This person is usually called a ‘guardian’ or ‘conservator’.

As a parent, you also want to make sure that your young child is cared for in case something should happen to you. While this is important for all parents, it is even more important for parents of special needs children who may not be able to successfully transition to the care of others in the case of an emergency.

There are also a number of financial and legal planning activities that the parents of a special needs child should know about in order to make the best decisions for the entire family.

If you have a special needs child, you probably already have a number of specialists working with you on your child’s medical and educational plans. You should also consider having someone work with you on your child’s legal plan.

To Learn more about Kristina Beavers, Attorney at Law visit the website at www.BeaversLaw.com

Tags: Children, conservator, Estate Plan, Estate Planning, Family Law, guardian, parent, parenting, Peace of Mind, Power of Attorney, Special, Virginia
Posted in Children, Estate Planning, General Information, Special Needs | No Comments »

Hampton Office !

Friday, May 20th, 2011

We have just opened a new satellite office to better serve our clients in the Hampton area.

Our Hampton office is in the Peninsula Town Center with an address of:

Kristina Beavers, Attorney at Law

4410 Claiborne Sq, Suite 334

Hampton, VA 23666

You can use the same phone number of 757-234-4650 to access us at either office (don’t you just love technology!)

To learn more about Kristina Beavers, Attorney at Law, check out our website at www.BeaversLaw.com

Tags: Advance Directive, Business, Child Support, contract, criminal, Custody, Divorce, DUI, Elder Law, Estate Plan, Estate Planning, Family Law, Lawyer, LLC, Medical Directive, new business, Power of Attorney, Trust, Virginia, Will
Posted in Uncategorized | No Comments »

Who should I name as my Agent in my Power of Attorney?

Friday, November 19th, 2010

I talked recently about whether or not you need a Power of Attorney, and my answer was a resounding ‘YES’. The next question is, Who should I name as my Agent in my Power of Attorney?

I know it is scary giving power to someone else. Your agent under your Power of Attorney is usually given the power to spend your money, invest your money and usually to do just about anything you can do yourself.

So, why would you want to give this much power to someone else?

As long as you are competent to make your own decisions, you probably don’t want anyone else to have this much power over your ‘stuff’. But what about the situation when something happens to you? What if you are in a car accident and end up in a coma? What if you get sick and aren’t able to communicate? And for a lot of us, what if you get older and your mental capacity is in question? When those things happen, it’s too late for you to appoint someone.

The problem is that most of us don’t have a crystal ball that tells us when we are going to need to have an agent take over our ‘stuff’.

I’ve always thought that if I have someone that I would trust to do what’s right when I don’t have the ability to know what they are doing, then why wouldn’t I trust them to do the right thing when I’m still able to look over their shoulder?

Who should you name? Someone you trust to do what you would do yourself. Someone you trust to make the best decisions for you.

Sometimes that is a spouse. Sometimes that is a child. And sometimes it is a really good friend or a neighbor.

If this is something you are wondering about, come in and we can have a chat. I may not have all the answers, but I can ask you some questions to help you make the right choice.

Tags: Estate Plan, Estate Planning, Power of Attorney, Virginia
Posted in Estate Planning, General Information, Power of Attorney | No Comments »

Do I need a Power of Attorney?

Sunday, October 31st, 2010

Most people think they need a Will (or perhaps a Trust). A Will describes what to do with your ‘stuff’ after you die, and yes, we are all going to die.

But, what happens to your ‘stuff’ if you are still alive but incapacitated in some way? How will your bills be paid if you are in a coma? Who will make decisions if you suffer from dementia or have a heart attack and end up in the hospital for awhile?

If you have a Power of Attorney, you get to choose who will make those decisions, and those decisions can be made as soon as needed. If you do not have a Power of Attorney, someone can petition the Court to appoint a conservator. It might be the same person you would have chosen, but the Court might appoint someone else. Someone you would not have wanted to have that control over your affairs. And it won’t be done immediately because it just takes time. So your perfect credit rating can be tarnished when your payments don’t get processed before they are late.

Also, if you have a Power of Attorney, you get to decide what your Agent can do. For example, you get to decide if you want your Agent to make gifts above the tax free limit each year if that’s in your best interest.

In fact, the Power of Attorney can be the most important document in your Estate Plan. And the answer is Yes, I think you do need a Power of Attorney.

Tags: conservator, Estate Plan, Estate Planning, Power of Attorney, Virginia
Posted in Estate Plan, Power of Attorney | No Comments »

Special Day To-Do List

Monday, July 19th, 2010

My birthday is this month and I’ve always thought that birthdays should be special.

Since I like to-do lists, I also make a special to-do list for things I try to do on my birthday.

I try to take the day off from work. I try to have a special dinner. I try to spend the day with my favorite people.

and…I try to think of what might happen in the next year so I can plan for those things.

yes, this also includes things that I may not really want to have happen, like an accident or illness.

that’s why I also have reviewing my estate plan, and especially my Power of Attorney documents as part of my birthday to-do list.

Tags: annual review, Estate Plan, Estate Planning, Medical Directive, Peace of Mind, Power of Attorney, Trust, Virginia, Will
Posted in General Information | No Comments »

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