In-Person Meeting to Restate Living Trust

According to the CDC, those who have been vaccinated no longer need to wear masks in indoor settings. We’re still playing it safe, masking up and social distancing. And while we’ve gotten used to our Zoom meetings, the results of our recent survey indicated that many still prefer one-to-one communications. We’re delighted to be able to provide in-person appointments once again. 

Joan wanted a one/one appointment to restate her Trust

Joan scheduled an appointment in our Walnut Creek office last week to restate her Living Trust. She and her husband had created a Trust in 2005, and her husband died in 2019. At 83, Joan is active, grateful to be in good health. She knew the Trust process was going to be challenging for her, so she didn’t want to do it over the phone or Zoom.

Among Joan’s concerns was naming a Power of Attorney and an Agent for her Advance Healthcare Directive. She has three children who are now in their 60s, and five grandchildren. She is very close to two of her grandchildren. Allison is a banker who lives in Berkeley; Oliver, a vet, is in Boston. Both are in their 30s and likely to outlive her. They are smart, trustworthy and caring. She planned to name Allison her Power of Attorney and Oliver her Agent for her Healthcare Directive. They would be backups for each other’s roles.

 

When naming a POA, consider financial acumen and commitment of time

It might seem more logical to name her children for her Power of Attorney and Healthcare Directive—they’re older, retired. But one of Joan’s daughters lives in Spain, and the logistics make this unsuitable. Another daughter is in poor health, and Joan knows that these roles can require a significant amount of attention and some financial acumen. Her son has trouble managing money, so he was not a good choice. 

Joan is realistic about this decision. She knows that if she becomes incapacitated, the role of Power of Attorney could become a significant responsibility—managing expenses, paying taxes, getting her to doctors’ appointments, moving her to an assisted care facility if it became necessary, etc.

The role of Agent for your Advance Healthcare Directive

The role of Agent for a Health Directive is someone who is legally of age, responsible for making medical decisions on your behalf if you’re incapable of doing so. It’s often a spouse or an adult child.

It’s important that you talk to your agent before appointing him/her—not after a catastrophic event. Make sure this person is willing to take on the responsibility of making crucial medical decisions on your behalf—just as you have detailed. If a situation arises that’s not covered in the Directive, your agent will be responsible for making decisions based on what he or she believes is in your best interest.

Schedule an appointment to create your Living Trust: Zoom or in-person!

You now have a choice--via Zoom or an in-person meeting. Our Trust package includes a Power of Attorney, an Advance Healthcare Directive and a Pour Over Will. Best of all, we guide you through it and we prepare the legal documents.

We service the entire East Bay and North Bay areas

Berkeley, El Cerrito, Richmond, Pinole, Alameda, San Leandro, Castro Valley Newark, San Lorenzo, Concord, Alamo, Danville, Lafayette, Orinda, Moraga, Pleasant Hill, Martinez, Pittsburg, Antioch, Brentwood, Oakley, Discovery Bay, Pleasanton, San Ramon, Livermore, Tracy and Fremont. Our clients also live in the Napa Valley, Benicia, Vallejo, Martinez, Fairfield.