Questions To Ask Aging Parents

Jennifer Santini / June 22, 2015
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We are often approached by clients, who have aging parents, to find out the best way to raise the topic of estate planning with their parents. Typically the client is in the process of drafting his or her own estate plan and they realize quickly how messy the administration of an estate can be if […]

Fiduciary Access to Digital Assets

Jennifer Santini / May 26, 2015
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The Uniform Law Commission drafted an act to provide fiduciaries with the same access to digital assets as they have had to tangible assets. The Uniform Fiduciary Access to Digital Assets Act (the “Act”) has been introduced in over twenty states, including Minnesota. The Act was introduced and enacted in the Minnesota House of Representatives. […]

Incapacity Planning – The POLST

Jayne Sykora / May 7, 2015
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POLST stands for “Provider Orders for Life Sustaining Treatment.” It is a doctor-signed medical order form that communicates a patient’s end-of-life health care wishes to other health care providers during an emergency. Patients with serious health conditions who need to make decisions about life sustaining treatment in advance of medical emergencies should have a POLST […]

Vacationing Without the Kids??

Jayne Sykora / March 30, 2015
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Designation of Standby or Temporary Custodian for your Child So, you and your spouse are finally ready to take that vacation to Mexico – without the kids. The flights are booked, your bags are nearly packed and thoughts of warm weather and a beach are in the forefront of your mind . . . as […]

Selling Real Estate Out of a Conservatorship

Jayne Sykora / February 23, 2015
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Last fall, I covered the basics on conservatorships (see: Conservatorship Basics Part 1 and Part 2). As a review, a conservatorship is needed when an adult individual is impaired to the extent of lacking sufficient understanding or capacity to make or communicate responsible personal decisions, and who has demonstrated deficits with managing property and business […]

Helping Families Today, Tomorrow & for the Future Generations – Part 2

Anne Denny / December 16, 2014
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Part 1 of Anne’s post focused on the 5 strategies of an effective healthcare directive. This week’s post shares insights regarding the selection of healthcare agent(s). Well-written healthcare directives require more than checking boxes on a perfunctory form. Clear treatment guidelines can provide meaningful support to decision-makers, reduce the risk of family conflict, and ease […]

Helping Families Today, Tomorrow & for the Future Generations – Part 1

Anne Denny / December 10, 2014
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As trusted advisors, attorneys and financial advisors, you are uniquely poised to coach individuals and families on the merits of preparing thoughtfully for end-of-life decisions. Most likely, posing questions regarding a client’s financial assets and estate intentions is part of your everyday practice. But ask yourself: Are you comfortable engaging clients in deep, probing conversation […]

Small Business Succession Planning – Things to Consider

Phillip Christenson / November 6, 2014
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What is Succession Planning? Simply put, succession planning is the process of transitioning key people within a business so that the business can continue to operate after the owner or key executives leave. Think of it as planning for the future of the business so that it can outlive the owners. This process involves a […]

Conservatorship Basics: Part II

Jayne Sykora / November 4, 2014
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Last week, in Conservatorship Basics Part I, I discussed what a conservatorship is, who can be a conservator and the process for getting a conservatorship in place. In today’s post, I will cover a conservator’s duties and powers and when and how a conservatorship is terminated. Conservator’s Duties Once a conservator is in place, a […]

Conservatorship Basics: Part 1

Jayne Sykora / October 29, 2014
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Oftentimes, most have heard of and have a basic understanding of a guardianship (whether for a minor child or for an incapacitated adult). A guardianship allows for another to be appointed as guardian over the person of an incapacitated person (the ward). In this role, a guardian is to care for, monitor and speak on […]

Designating Authority for Business Owners

Jennifer Santini / August 12, 2014
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I know, I know… you have read it over and over again here on Epilawg that it is important to have documents in place for times of incapacity. Yet, as Jayne Sykora and I just attended a conference together, I was reminded of the importance to do so particularly if you own a business. As […]