Rowley Law

Protect Your Family With a Plan

Benjamin Franklin once said “In this world, nothing is certain except death and taxes”,, yet many Americans have not planned for what happens when they pass. But planning for this, even if it is unpleasant to think about, allows you to protect your family. A recent article, “P
rotect your legacy, protect your family — It's never too early to start estate planning” from the Financial Post, looks a few situations that cause families to suffer when they face them.

According to the article, not having a will, only having a partial estate plan, nPorteot naming a guardian, executor and trustee, and not having a business succession plan in place, can cause family dysfunction. Not only that but failing to do any of the above can make your loss even harder on your family and result in them having to go to court on top of having to process their loss.

Even if you have all this in place, there is one more thing the article looks at that cause issues, not communicating your wished to your family. Parents often think that their child will just blindly follow their wishes. But even siblings, and other family members if you don’t have children, who receive equal distributions can fight over who got what.  People don’t always see equal as fair. It is important to talk to your loved ones about what you decide to help avoid fights and arguments after your gone.

Reference: Leathem, J. (2021). Financial Post. Protect your legacy, protect your family — It's never too early to start estate planning. https://financialpost.com/personal-finance/family-finance/protect-your-legacy-protect-your-family-its-never-too-early-to-start-estate-planning

5 Reason You Need a Power of Attorney

Picture this. Your married and your spouse is on a work trip oversees. Your internet at home stops working and you call the cable company. The investigate and find out the issue is with the wiring. You ask them when the issue will be fixed and they tell you they just need authorization to do the work, nut you can’t give it, because the account is in your spouse’s name and you’re not authorized. This is situation that is more common than most people think. Being married does not give you the legal ability to make decision for you spouse, at least it doesn’t in the United States. Making calls and decisions like this is just one reason why you need a power of attorney. A Recent article form the Sunday Post, “Why do I need Power of Attorney?” outlines five reason that everyone needs to have a power of attorney in place.

1. Your next of kin is powerless without Power of Attorney. Just like being married doesn’t give you the power to make your spouse decision, neither does being someone’s mother, father, grandparent, sibling or any other familial relation. Once you are legally an adult, the only one who can make your decision is you. The only way someone else can get this power is through a guardianship or power of attorney.
2. It allows your wishes to be carried out. A power of attorney allows you to name the person you want to make your decision. This means you can chose someone who will follow your wishes and make the decisions you would have wanted made.
3. Your welfare, wellbeing and finances can be taken care of. As long as you have the correct types of powers of attorney in place, the people you choose can make your financial, medical and even mental health decisions for you. So even if you can’t take care of yourself, you’ll be ok.
4. There are different types of Power of Attorney – you can choose which is best for you. There are powers of attorney that deal with health, finances and even your mental health. There are also powers of attorney that are for limited matters, one that start and stop of specific dates and more. Speaking with an experienced attorney is a great way to determine what types of power of attorney would be most helpful for you.
5. Legal documents can be signed on your behalf – even if you are abroad. As long as the power of attorney you have in place allows it, your agent, the person you chose to be in charge, can sign legal documents for you. This can be very helpful for someone who travels.

Powers of Attorney can be helpful for many reasons. Whether your 18 or 80 a power of attorney is for you.

Reference: Stevenson, D. (2021). The Sunday Post. Why do I need Power of Attorney?. https://www.sundaypost.com/fp/sponsored-why-do-i-need-power-of-attorney/.

A New Option To Help Keep You In Your Home

Aging is difficult. Even if you mental state does not deteriorate, things like moving objects, mowing the yard and even taking a walk often do. For years there have been two options available for people as they age to make sure they can get the help they need, move to a facility or get home care from a family member or professional. But Pennsylvania is leading the way with a new third option. A recent article from the Pittsburgh Post Gazette, “Elder Law Guys: Share your home?” looks at the new program.

The recently created Pennsylvania Department of Aging SHARE Program, which stands for Shared Housing and Resource Exchange, is an affordable housing program. It brings together homeowners who need some help around the house with people who are willing to provide some help in exchange for a shared place to live.

Like an old fashion bater, the homeowner “rents” a room to the another person in exchange for help around the home. Pennsylvania has an established application system to identify appropriate matches and protect both parties. The Share program after meeting with the person in need of help will conduct reference and background checks, identify potential home share matches, introduce the homeowners and home seekers, coordinate the written home-sharing agreement, oversee trial living periods, provide ongoing support during the term of the agreement and connect the participants to other community resources.

This new option will provide a way for many people to stay in theirs homes when they do not have the finances to pay for in home care or have a family member who is able to help.

Reference: Gray, J. Petrich, F. (2021). The Pittsburgh Post Gazette. Elder Law Guys: Share your home?. https://www.post-gazette.com/news/social-services/2021/08/23/Elder-Law-Guys-Share-your-home-caregiver-affordable-housing-Pennsylvania-Department-of-Aging-SHARE-Program/stories/202108220057A Neww