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Probate 4

As I said before and I will say yet again. I am not a lawyer, I am a Paralegal.  So this is in no way to be considered legal advice only legal information, let’s not forget when a lawyer of a paralegal becomes involved your problem becomes an ISSUE.

Just so you know are four major types of Guardianship.  There is a personal guardian who is responsible for medical and or money decisions. .  The Estate guardian which is needed to protect your stuff when you can’t.  The Personal & Estate guardian which take care of both at the same time.  Last is the temporary guardianship, this is usually an emergency court order given when someone’s  loved one suddenly becomes unable to take care of themselves. However it will cost about $60, when the loved one gets better, for the Guardian or the Guarded One to cancel it.  It also can have a limited life span.

However guardianship do need approval from probate judge especially under a Living Will or if three are children are involved. A guardianship can also be challenged by someone who wants to take over the assigned guardianship.  If the Guardianship is not challenged it usually costs about $50 to get court approval.

Okay moving onto a Power of Attorney.  1st and foremost the person you choose to be power of attorney does not have to be a lawyer.  It can be anyone you choose.

There are 5 major types of power attorney.  1st is the general power of attorney, which is mostly used when you have a business or assets you want someone  to look after a while you are traveling for a couple of years. Or say you don’t want anyone bothering you while contemplating the universe at a monastery.

Next is a Limited Power of Attorney this is almost identical to a general. Reasons of giving someone power over your assets is pretty much the same except like the title says, the power is limited to only one thing.  For example you’re traveling somewhere overseas and you are receiving benefit check from a court case you won. You can leave someone a Limited Power of Attorney so they can take the check get it cashed, pay a few bills like your rent and get the rest deposited into your bank account. That way you can get your money and spend it while having fun in Ireland.

Then there is the Health Care Power of Attorney. Say you are not married and live a long way from anyone in your family. With a Heath Care Power of Attorney you can appoint a special friend to look after you.  Your friend would be able to make the decisions’ a doctor needs to save your life after you have just been in a devastating auto accident.  It is used a lot in states that can’t seem to see same-sex couples. You need to make sure your health insurance company has a copy as well as your friend.

Next week I will cover the Springing and Durable Power of Attorney.

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