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Think you are being respectful by appointing your family to serve as executor, trustee, or power of attorney? Think again. During life's most difficult moments, emotions often prevent obedience to your documented wishes. The worst of sibling rivalry may ensue when money is involved. You took the time to provide for your family so why not protect their love for each other and allow a licensed professional to serve? We will get to know your situation and understand its dynamics. We will not give up on you or "dump" the account. We are assigned to trust, uphold integrity, and promote longevity, no matter what the size or challenge.

Read more: Trusts and Estates

Two major types of powers should be considered: Financial and Health Care (Living Will). A financial power of attorney attends to all aspects of money, trusts, wills, investments, legal proceedings, income, taxes, gifts, and property to name a few. A living Will or Advanced Health Care Directive (AHCD) provides all aspects of how a principal expects life to be maintained or discontinued.

These powers are typically classified as general, durable, springing, or limited. A power is said to be durable when the agent continues to act on behalf of the principal when said is deemed unable to make decisions regarding health care or finances. A power may be springing at a specified future time or subsequent incapacity of the principal. A limited power is typically used for real estate transactions where the principal cannot be present and such has an expiration date set forth in the power. However, all powers expire when the signer does as well.

The term conservatorship is synonymous with elderly guardian but used mostly in the western United States. It is a court-appointed process that can be very expensive as the petitioners and proposed conservatee all must be represented by attorneys, with just a few exceptions for in pro per family members without objections. The reason for the expense is that the proposed conservatee's estate is expected to bear the burden of the court costs in the procedures to appoint.

However, there are numerous reasons to consider a conservatorship over a power of attorney (POA). For example, suppose there is no power of attorney in place and the person lacks capacity to understand what signing said document does to their personal freedoms and liberties. Perhaps there is feuding within the family about how a person should continue living, be it with Alzheimer's or a brain trauma injury and the feuding has left mom or dad with a means to care for them.

Words of Wisdom

I want to thank you for all you have done, your kindness and attention to FM in these last difficult years. While FM may not have been happy with her condition, the arrangements you made for her care in her last years made her comfortable and your continued visits to her must have been high points in her days of being confined in her activities. Thanks again....View More..
We hope you will enjoy the holidays knowing that you have given DR a new life. Your plans for her and the understanding of her needs are giving her a sense of confidence she's never before experienced. Bless you for all your efforts....View More..
It has been a true pleasure to work with you; I can honestly say you have been a true blessing in D’s life. With your support we were able to see D blossom to the lovely lady she is today....View More..
I feel kudos are due to you and appreciation should be shown for the above and beyond you do on our behalf. Thank you for being such a conscientious person and so thorough and efficient. Di, Mother, and I do really appreciate your work....View More..
Eric is a stand up guy. You can count on him. He is reliable, smart, helpful and thinks out of the box. He has been very helpful with suggestions and enhanced services. Add to this the fact that he is fast, able to meet deadlines and fix technical problems in a jif and you have one heck of a guy. And, wonder of wonder, he's nice. Which just goes to prove nice guys finish first!...View More..
Through you my life, has changed so much. I can do things now, and don't worry, as such. I don't worry so much, on how things will end. I just know things will end, from where I send. Through Sue, you came into my life. Now a lot less crying, stress and strife. Of you I am so very, very proud. I could scream it, from the highest hill aloud......View More..
He is supportive and genuinely concerned with the conservatee's quality of life......View More..
Thank you so much for helping us take a crappy situation and turn it into an awesome adventure! We are super grateful for everything!...View More..
He is a professional who cares about his clients and fights for them so that they may benefit from the best outcome of their affairs. I am personally pleased with the assistance he was able to give to a relative of mine. I would like add that Mr. Mayfield is also a warm and charming person with a good sense of humor and interest in people....View More..
We appreciate your efforts more than you know!...View More..
Thanks for working so hard to get us on the correct, appropriate financial citizenship!...View More..
You're the type of client that the legal profession appreciates most...highly organized and well documented....View More..

Powers of Attorney

Under common law, a power of attorney becomes ineffective if its grantor dies or becomes "incapacitated," meaning unable to grant such a power, because of physical injury or mental illness, for example, unless the grantor (or principal) specifies that the power of attorney will continue to be effective even if the grantor becomes incapacitated. This type of power of attorney is called "power of attorney with durable provisions" in the United States or "enduring power of attorney" elsewhere. In effect, under a durable power of attorney (DPoA)[1]  >>

Estate or Trust Administration

A trustee will manage investments, keep records, manage assets, prepare court accountings, pay bills (depending on the nature of the trust) medical expenses, charitable gifts, inheritances or other distributions of income and principal. Trustees are not required to exercise all of the powers that they are granted.[2] A trustee can manage any number of trust types, including Charitable, Special Needs Trusts, ILIT, Corporate, and Estate Trusts. >>

Conservator / Committee

The term conservatorship is synonymous with elderly guardian but used mostly in the western United States. It is a court-appointed process that can be very expensive as the petitioners and proposed conservatee all must be represented by attorneys, with just a few exceptions for in pro per family members without objections. The reason for the expense is that the proposed conservatee's estate is expected to bear the burden of the court costs in the procedures to appoint.>>

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