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Aug 16, 2016

The Estate Planning Documents You Need For Managing Financial Matters During Incapacity

There are two legal documents for managing finances that need to be in place before an incapacitating event ever happens:

Financial Power of Attorney

This legal document gives your agent the authority to pay bills, make financial decisions, manage investments, file tax returns, mortgage and sell real estate, and address other financial matters.

There are two types of financial powers of attorney: (1) durable, (2) springing. A durable power of attorney goes into effect as soon as it is signed, while a springing power of attorney only goes into effect after you have been determined to be mentally incapacitated.

Revocable Living Trust

This legal document has three parties to it: The creator who creates the trust, the person who manages the assets transferred into the trust (the Trustee), and the person who benefits from the assets transferred into the trust (the Beneficiary). In the typical revocable living trust situation you will be the creator, the Trustee, and the Beneficiary of your own trust. However, if you become incapacitated, then your Successor Trustee will step in and manage the trust assets for your benefit.

Your Revocable Living Trust should contain provisions to determine your mental status through a private process (such as a disability panel, the opinion of an attending physician, the opinion of two physicians, or some other method) instead of a public court process. In addition, the trust agreement should contain specific instructions about how to take care of you if you are declared mentally incapacitated.

If you have questions about planning for incapacity, please contact my office.

Categories: Estate Planning

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My name is Diana Hale, and I serve families and business owners in Denver, Colorado Springs, and the surrounding metro areas.

2000 S. Colorado Blvd.
Tower One, Suite 2000
Denver, CO 80222
Dir.: (720) 739-1799
Fax.: (888) 552-6580
Diana@HaleEstatePlanning.com

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800-686-0168 | 720-739-1799 | 719-623-5822

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This website includes general information about estate planning, probate, and business law. These materials are for informational purposes only. They are not intended to be legal advice regarding any particular set of facts or circumstances. You need to contact a lawyer licensed in your jurisdiction for advice regarding your specific legal issues.