YOUR ESTATE PLANNING ATTORNEYS
Estate Planning
Estate planning is about making sure today that your wishes are followed tomorrow. You have worked your entire life to provide for you and your family and to create your own version of the American Dream. Estate planning ensures that what you have worked so hard for is protected and is left for those you want to have it. As part of your estate plan you can also make decisions about your future healthcare needs so that your family doesn’t have to guess about your wishes when the time to make hard choices comes. The main tools in estate planning are a will, a power of attorney, and an advanced healthcare directive (also known as a living will). Not everyone needs each of these estate planning tools, but they all have an important purpose depending on your unique situation and circumstances.
Wills
A will sets our what will happen to your property, real and personal, when you die. No one likes to think about it but everyone who has ever lived has or will one day die. You can control what happens when you die through creating what is formally known as a Last Will and Testament. This legal document sets out what to do with your property and assets when you die, and can even give direction as to your funeral service, how to handle your debts, or any other myriad number of things. Having a will gives you peace of mind in knowing what will happen when your life comes to a close. A will has no effect until you pass away and there are certain requirements for wills in Alabama, such as having witnesses, or being self-proving, or providing for all your children in your will, that require the special skills of an attorney.
Power of Attorney
There may come a time in your life when it will be to your benefit to have someone act on your behalf. You can designate who can act for you and what they can do through a Power of Attorney. A POA, as it is called, gives a specific person specific authority to take certain actions and to make certain decisions for you. Your POA can be effective the moment you sign it, or you can decide for it to only take effect in the event you become incapacitated. Alabama law has specific requirements about what someone acting as your agent, via your POA, can do and can’t do. It is important to let a qualified attorney draft your POA and explain the benefits and drawbacks of what POA automatically allows and what it doesn’t.
Advanced Healthcare Directive (Living Will)
One of the most difficult decisions a family faces is when a loved one has had a medical emergency and the family has to make a decision about how to care for their loved one. One way to avoid that though situation is through an advanced healthcare directive, which is more commonly known as a living will. A living will sets our what your wishes are in relation to your medical care if you were to become incapacitated, brain dead, or terminally ill. Before you become sick your living will sets out when you will get life sustaining treatment, when you won’t, and what measures you want taken under certain circumstances. For many folks a living will gives them great peace of mind in knowing that their family won’t be forced to make hard decisions about their long term care if that time ever comes.
Our Practice Areas
Contact
- P: (334) 365-5924
- F: (334) 365-6016
- 145 W. Main St., Prattville, AL
- office@mcdowellfaulk.com
