Without a valid Will or sound estate plan, the laws of NH (for NH residents) will decide how your assets will be distributed after you pass, rather than you.  Moreover, a good estate plan can also help to you, your spouse and your loved ones during your lifetime.  Those protections during your lifetime are becoming increasingly important, as many of us live into our later years and sometimes require assistance with our day-to-day household and financial activities.

While a simple Last Will and Testament is frequently adequate for many of our clients, we also recommend that our clients consider a Revocable Living Trust to assure confidentiality and assistance in their lifetime, frequently avoid the cost and delay of probate, assure that creditors and spouses of your children or beneficiaries are safeguarded against and that you and your spouse are provided competent and trusted assistance during later years.

For our clients that are concerned regarding the preservation of their home in the event of subsequent nursing home care later in life, there are Irrevocable Medicaid Trusts or “Medicaid Triggers” that may provide protection.  These forms of protection are far superior to simply putting your child’s name on your bank accounts or home.  If nursing home cost planning is important to you, consult with an attorney competent in that specialized field. 

During your lifetime, the following documents are very helpful to you and your family:

1.                  Power of Attorney for financial matters, to allow a trusted loved one to handle your financial affairs when you ask them to do so or when you may not be able to handle your affairs on your own.  The failure to have this document may require a much more costly guardianship in the future.

2.                  Power of Attorney for Health Care and Living Will will allow your spouse and loved ones to know of your intentions and assist with your health care decisions.  The failure to have this document may also require a costly guardianship in the future.

3.                  HIPPA medical records privacy release will allow your loved ones to communicate directly with your physicians.  Increasingly, physicians and their staff resist providing any important information to loved ones due to federal and state privacy laws.  A simple HIPPA authorization form signed as part of a good estate plan will provide comfort to your doctors and health care providers that they can speak with the individuals that you designate.

4.                  Guardianship designation, in the event that a guardianship is ever required, the designation of a guardian, in advance, may alleviate unnecessary family tension at a time when you need your family comfort and support so greatly.

This web site conveys general information and does not give legal advice. No one should rely on the information without first consulting an Attorney. We are happy to respond to E-mail inquiries but caution that confidential information should not be transmitted by E-mail because we cannot guarantee the security of the transmission. Sending an E-mail or receiving a response from our web site does not establish an Attorney-Client Relationship. Please contact us by telephone if you wish to disclose confidential information or establish an Attorney-Client Relationship. The information contained on this web site may be considered advertising under the laws of some states. Attorney James Normand is responsible for reviewing the content of this web site.