Estate planning lawyers in Sacramento County work daily with families who want to use their wills and trusts to set up guardianships for their minor children. They go through extensive thought, planning, and soul-searching to make just the right choice in who will take over raising their children should they become unable to do so. It rarely occurs to parents that there is a real need to set up temporary guardianships at various times, often for really simple, but overlooked, reasons.
For example, many parents leave their children with a trusted friend or family member when going on a business trip or vacation or even when the parent must spend time in the hospital or recovery. There are also cases where a child leaves the home to live with a family member or friend for various reasons.
In these circumstances, it makes sense to give that person the legal ability to do things such as seek medical care, consent to school field trips, etc. If you are planning to leave your children in someone else’s care for much time, then filling out and signing a temporary power of attorney can make things much smoother should there be any question while you’re gone. For example, the temporary guardian could take your child to the doctor without having to have you make multiple phone calls to attempt to give your consent.
One area in which you might want to get your estate planning lawyer involved is when it comes to emergency situations. It is possible to assign a temporary guardian in situations where an emergency has arisen. A useful example is if you happen to be injured and hospitalized while your children are in the care of a babysitter. When you don’t arrive home, the sitter will generally call the police who will have to get protective services involved because there is no legal documentation allowing the children to stay with the sitter. To avoid this, you can create a temporary guardianship document that allows your children to be with someone you trust until you are able to return to them or until their more long-term guardians can take over.
The rights you choose to delegate to the temporary guardian can vary, and it’s a good idea to work with an Fair Oaks attorney to ensure that you’re following the letter of the law. In most cases, you can choose to give the temporary guardian only specific rights or to delegate all of the rights of a parent to the adult in question, with only a few exceptions. In addition to signatures of involved parties, you will likely need to have the document notarized
Estate planning with an attorney in Northern California is an important step to making sure that your assets will be distributed the way you would like after your death. There are a number of options available, as any estate planning lawyer can tell you. Do you need a will? A trust? Is it possible that [...]
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The internationally-acclaimed singer-songwriter Amy Winehouse passed away in July of 2011, leaving behind a rather large estate and no will. Even though Winehouse was British, the probate rules for the U.K. and the U.S. are quite similar. So, what became of the Amy Winehouse estate is indicative of what would have happened here in California.
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When it comes to leaving an inheritance for our children, many parents automatically think of leaving cash, properties and life insurance proceeds behind. But for kids who find themselves devastated after the loss of a parent, it’s often intangible assets that carry the most value and provide deep comfort during such a difficult time.
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I’m so honored to be listed among the recommended resources this wonderful article by Sally Dunbar– an excellent realtor in Fair Oaks. With her permission, I’ve reprinted her entire article and great advice below.
I have learned a lot about the services available for your dying parent, as I watched my dad passed [...]
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Probate lawyers in Sacramento County well aware of the hassles and headaches that families face when a loved one’s estate goes into probate. The process can drag out, eating up not just time but also resources that would have otherwise gone to beneficiaries. Appointed executors find themselves with burdensome responsibilities that can compound their grief. [...]
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Trusts lawyers in Fair Oaks understand that there are a number of reasons why our clients might choose to create a charitable trust, and our job is to set them up in the way that best meets their needs.
For example, some Sacramento area residents are interested in the idea of a charitable trust because it [...]
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Business planning in Sacramento County tends to revolve around where you are right now, where you’re going in the near future, and hopefully, where you’re going to be ways down the road.
One aspect of business planning that is easily overlooked, however, is what happens to the business after you are gone. You may have thought [...]
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The documentation that you create with your special needs planning lawyer in Fair Oaks will be quite detailed and will take an incredible amount into consideration, but it will likely not cover every possible concern or wish you may have for your child’s future care. For that purpose, many parents work with their lawyer to [...]
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Hi I'm Heather. I'm a wife, mom, microbusiness owner and trusted advisor. I have dedicated my law practice to the area of life transition planning (sometimes known as estate planning). It is about caring deeply about yourself and your family, and wanting to make sure that you have a roadmap for all your life transitions.