Copyright Cooper Law LLC 2017 – All Rights Reserved
Cooper Law LLC
If you have never had your basic estate planning documents prepared, we can help you.  We will guide you through the decision process in preparing and executing (i) your Last Will & Testatment, (ii) your Advance Health Care Directive, and (iii) a Power of Attorney (a “POA”).  We will help you decide on who should serve as the Executor of your estate under your Last Will & Testament, what care you want to receive if you end up with a terminal condition or are determined to be permanently unconscious, who you want to make health care decisions for you if and when you cannot do so (your health care representative) and who you want to make decisions with respect to the care of your body when you cannot make those decisions (your “Conservator of My Person”).  We will also cover whether you will make a gift or your organs when you pass.   Finally, we will prepare a POA form which will allow you to appoint a person (or persons) to manage all of your affairs in your place.  A POA form may either be effective upon execution or may be a “springing” POA, which becomes effective only upon the occurrence of some future event, including the principal becoming incapacitated.  Some people feel safer with a “springing” POA because the person appointed (the “attorney-in-fact”) may not take action until the principal is incapacitated and may not steal assets from the Principal upon execution of the POA.  A “springing” POA should also provide who will determine whether the event has occurred.  If the future event is the incapacity of the principal and the “springing” POA does not state who will determine whether the principal has, in fact, become incapacitated, the Uniform Power of Attorney Act, as adopted in Connecticut (the “Act”), requires the determination to be made in a record provided by: 1. Two independent physicians stating that the principal has a mental, emotional, or physical condition that makes him or her unable to receive and evaluate information or make or communicate decisions or 2. A judge stating that the principal is missing, detained (including incarcerated), or outside the United States and unable to return. The Act authorizes a person chosen to determine incapacity in a POA to act as the principal's personal representative under the federal Health Insurance Portability and Accountability Act (HIPAA) and regulations to access health care information and communicate with health care providers.  The Act also provides a sample affidavit form which can be used if the POA authorizes someone to determine that an event or contingency occurred.
Drafting simple estate planning documents for individuals:
Copyright Copper Law LLC 2017 All Rights Reserved
Cooper Law LLC
Drafting simple estate planning documents for individuals:
If you have never had your basic estate planning documents prepared, we can help you.  We will guide you through the decision process in preparing and executing (i) your Last Will & Testatment, (ii) your Advance Health Care Directive, and (iii) a Power of Attorney (a “POA”).  We will help you decide on who should serve as the Executor of your estate under your Last Will & Testament, what care you want to receive if you end up with a terminal condition or are determined to be permanently unconscious, who you want to make health care decisions for you if and when you cannot do so (your health care representative) and who you want to make decisions with respect to the care of your body when you cannot make those decisions (your “Conservator of My Person”).  We will also cover whether you will make a gift or your organs when you pass.   Finally, we will prepare a POA form which will allow you to appoint a person (or persons) to manage all of your affairs in your place.  A POA form may either be effective upon execution or may be a “springing” POA, which becomes effective only upon the occurrence of some future event, including the principal becoming incapacitated.  Some people feel safer with a “springing” POA because the person appointed (the “attorney-in-fact”) may not take action until the principal is incapacitated and may not steal assets from the Principal upon execution of the POA.  A “springing” POA should also provide who will determine whether the event has occurred.  If the future event is the incapacity of the principal and the “springing” POA does not state who will determine whether the principal has, in fact, become incapacitated, the Uniform Power of Attorney Act, as adopted in Connecticut (the “Act”), requires the determination to be made in a record provided by: 1. Two independent physicians stating that the principal has a mental, emotional, or physical condition that makes him or her unable to receive and evaluate information or make or communicate decisions or 2. A judge stating that the principal is missing, detained (including incarcerated), or outside the United States and unable to return. The Act authorizes a person chosen to determine incapacity in a POA to act as the principal's personal representative under the federal Health Insurance Portability and Accountability Act (HIPAA) and regulations to access health care information and communicate with health care providers.  The Act also provides a sample affidavit form which can be used if the POA authorizes someone to determine that an event or contingency occurred.