Everybody's circumstances are different. That is why Attorney Dean E. Patrick, works with his clients one on one to explore, discover, and assure their goals are attained.

Below are a few stories to help you recognize your goals as regards the estate planning and probate process.

Maintaining Control and Privacy

Harry husband and Wendy wife were married several years before Harry became incapacitated. Unable to maintain their property and in need of money for Harry's care, Wendy found buyers for the family home. Stressed by the incapacity of Harry, Wendy felt some relief when the buyers were found. Unfortunately, that would be short lived.

When it came time to close on the sale, the agent would not let Wendy sign on behalf of Harry. Agent explained that Wendy would have to petition the probate court for control of Harry's finances. And it got worse.

With the help of an attorney, Wendy petitioned the probate court to be the conservator of her husband's finances. The court did not feel Wendy had the ability to act on behalf of her husband and nominated a court appointed conservator. Wendy was devastated, but at least the house would be sold.

Because Harry was deemed an incapacitated individual by the probate court, his assets, and the the assets held jointly with Wendy, became a matter of public record for the neighbors or anyone else to view as they pleased.

If you do not plan, the probate process makes one for you. Harry and Wendy could have maintained control if they had nominated a conservator or created a durable power of attorney for finance while they had capacity.

Emotional Toll of End of Life Decisions

Wendy passed away leaving, the oldest son, Ronald, to manage the healthcare and end of life decisions for Harry. While Harry and Wendy had discussed end of life treatment with each other. In particular, the fact that they did not want life support if they were end of life. Unfortunately, they had never spoken with the children about their wishes.

As Harry neared an end of life state, Ronald swore he would do all he could to keep his father alive. The mere thought of withdrawing his father's life support was unacceptable. Harry lived for another ten years expending resources he would have preferred go to his children instead of doctors.

If you do not plan, you give up control and force someone to deal with a very emotional issue. Harry and Wendy could have maintained control when they were incapacitated if they had created a durable power of attorney for healthcare with end of life directives.