If my father wants me to be in control for him now and after his death, what kind of document would we need?
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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 13 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.
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