If my father wants me to be in control for him now and after his death, what kind of document would we need?

Get Legal Help Today

 Secured with SHA-256 Encryption

If my father wants me to be in control for him now and after his death, what kind of document would we need?

Wants me to be able to make inquiries and other decisions. Should we speak to an elder law attoreny? In Auburn, MA.

Asked on August 24, 2010 under Estate Planning, Massachusetts

Answers:

M.T.G., Member, New York Bar / FreeAdvice Contributing Attorney

Answered 10 years ago | Contributor

It is always good to speak with an estate planner as to your wishes while you are alive.  If he wants you to speak for him now ask the attorney about a Power of Attorney and a Health Care Proxy.  They are valid while he is alive.  As for after his death, does he mean to distribute his assets upon his death?  Although most people write a Will and name an executor, good estate planning can avoid probate and all the hassles it entails.  Ask about creating a trust with you as trustee.  That can also be done while he is alive.  Just make sure that all the estate assets are transferred in to the name of the trust prior to his death.  Good luck.


IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although AttorneyPages.com has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.

Get Legal Help Today

Find the right lawyer for your legal issue.

 Secured with SHA-256 Encryption