Archives for December 2020

5 Important Estate Planning Documents to Have in Place During the COVID-19 Pandemic

The unfortunate reality of the current global pandemic is that anyone can find themselves sick in the hospital and possibly no longer able to make their own financial or medical decisions. Because of this, the last thing that anyone wants is to become incapacitated without the proper estate planning documents in place.

Read on to discover what we consider the five most essential documents you should either create or update during the current COVID-19 outbreak to protect yourself, your property, and your loved ones.

Will:

 

Your will is the legal document that instructs how to distribute your assets after your death and appoints guardians for any dependents or minor children. Dying without a will leaves your assets and property in the hands of your state’s laws.

It is also recommended that you review all beneficiary designations for retirement plans and life insurance to ensure that they are current.

Healthcare Power of Attorney: 

It’s essential to authorize someone you trust to make medical decisions on your behalf in case of a medical emergency that leaves you incapacitated and unable to communicate your own wishes. A durable power of attorney for health care permits you to make such an authorization.

Living Will:

 

A living will is sometimes called an advance care directive. This document outlines the kind of medical care you want if you are terminally ill. For instance, you can make it known whether you want to be kept alive on life-support systems, such as a respirator or feeding tube. You can also include instructions for organ donation.

Durable Financial Power of Attorney:

 

You also may want to make sure that your family has some kind of access to your finances in order to pay bills and medical expenses if you are unable to do so on your own. That’s why another important document to prepare is your financial power of attorney. This document gives someone the authority to handle financial transactions on your behalf if you become incapacitated.

HIPAA Authorization: 

 

The Health Insurance Portability and Accountability Act (HIPAA) sets federal privacy rules for medical records. However, if you’re hospitalized, you may want your spouse, children, or other close relatives to be able to communicate freely with doctors and nurses and find out how you’re doing. That’s why you may want a release document for records authorizing certain people to have rights to disclosure of your medical records.

Contact Us:

As the COVID-19 pandemic continues to actively spread through California, make sure you have the above documents in place and up-to-date, especially if you are an individual at high-risk of serious illness or death from Coronavirus.

David Knecht has extensive experience preparing Wills, Living Trusts, Durable Powers of Attorney, and Advance Health Care Directives to meet your estate planning needs. Contact David Knecht Law at 707-451-4502 today to learn more about these documents or schedule an estate planning consultation. 

 

Filed Under: Living Will, Power of Attorney, Probate Lawyer, Trust Administration Attorney , Vacaville Attorney, Vacaville Lawyer

The Importance of Up-To-Date Estate Planning During a Pandemic

 

Let’s be honest. 2020 has been a terrible, horrible, no good, very bad year. The COVID-19 pandemic has particularly made 2020 a nightmare for people across the globe. 

At times like this, thoughts of sitting down and taking care of your estate planning are probably not at the forefront of your mind. However, if you fall ill, the last thing you want to be dealing with is attorneys gathering around your hospital bed trying to finalize your estate plan. In times like these, it’s best to prepare for the worst and contact your attorney to update your estate planning documents and arrangements.

Read on to see why having a will and estate plan is more important than ever during these unprecedented times.

Have you been procrastinating?  

Procrastination is normal. No one wants to think about dying or becoming incapacitated, and it’s easy to push your end-of-life planning aside.

However, these days, many of us have more time and flexibility in our schedules than usual. And with a deadly virus spreading through California and the world, you don’t want to risk something happening to you without having a proper plan in place. So now is the time to stop procrastinating and instead prioritize creating or updating your trust or will. This is especially true for high-risk groups such as medical professionals, first responders, and the elderly or other compromised individuals.

Are your loved ones, assets, and personal desires protected? 

Many people only think of estate planning in the context of the wealthy or elderly. However, anyone over the age of 18 should start thinking about their estate plan. This is true regardless of your income level, marital status, or number of children. No matter your situation, it’s crucial to take steps to protect your loved ones, your property, and your personal wishes in your will or trust.

Here are some key areas to consider covering in your estate planning documents:

  • Clarifying the distribution of your assets
  • Naming guardians for minors and dependents
  • Laying out a long-term health care plan
  • Arranging for important family keepsakes and personal items
  • Communicating final wishes, funeral arrangements, and burial requests

Do you need peace of mind? 

During times like these, many people’s emotional and mental health suffers. People are worried about their health and safety, their job security, their financial situation, and their ability to engage in social activities in the future.

Because of this, the last thing that anyone needs is for a lack of personal estate planning to add to their anxiety and stress. Meeting with an attorney and making sure that your loved ones and property are taken care of can bring you that extra peace of mind you may be needing.

Contact Us:

As the COVID-19 pandemic continues to actively spread through California, stay on top of things and make sure your estate plan is up-to-date. Contact David Knecht Law today to schedule an estate planning consultation.

 

Filed Under: General Legal Advice, Vacaville Attorney, Vacaville Lawyer

5 Considerations for People Going Through a Divorce During the COVID-19 Pandemic

When COVID-19 put many portions of the country under lockdown and social restrictions this year, people found themselves spending a lot more time at home. While many have enjoyed the experience of working from home and being quarantined with their family members, the forced togetherness has certainly not been good for some marriages and relationships. Indeed, by April 2020, the interest in divorce had already increased by 34% in the United States. 

If you find yourself going through a divorce this year, read on to discover five important issues we recommend that you take under consideration.

Assets:

 

The global and national economies have seen significant effects and instability as a result of fears related to COVID-19. If you’re currently in the process of negotiating the allocation of assets and finances during your divorce, it’s important to be mindful of the impact the economy and market may have on these assets.

Financial Obligations:

 

For divorcing spouses who have lost their employment due to the COVID-19 pandemic, there are likely questions and concerns surrounding financial obligations such as alimony or child support payments. If you’ve suffered a change in financial circumstances, it’s important to address your situation with your attorney to see if anything can be modified or done to alleviate some financial pressure.

Health Insurance:

 

Now is certainly not an ideal time to be without medical insurance coverage. If you’re going through a divorce, keep in mind that your health insurance plan will likely need to change if you were a member of your former spouse’s health insurance policy. Make sure you know your situation and your options before the divorce is finalized.

Parenting Concerns and Communication:

 

For divorcing spouses with children, now is the time to set aside any animosity and cooperate with each other in the best interests of their children. It’s crucial that each parent stay updated and provide notice to the other parent of any health-related changes impacting their child or whether anyone in their respective homes has tested positive for the COVI-19 virus. Parents should also timely share Coronavirus-related information received from their children’s school or extra-curricular activities.

Court Operations:

 

For those who need certain divorce matters addressed in court or in a mediation, they may have found certain court dates and meetings being postponed or altered due to the COVID-19 pandemic. This is something for anyone in the middle of divorce proceedings to be aware of and to discuss with their attorney.

Contact Us:

A divorce is never easy. The events of 2020 have undoubtedly made family law issues even more difficult. However, a knowledgeable family law attorney can assist you with the legal issues surrounding your divorce, especially any new concerns or questions that have arisen during the COVID-19 pandemic.

David W. Knecht has years of experience handling various divorce cases in California. Contact David Knecht Law at 707-451-4502 today to learn more or schedule a consultation. 

 

Filed Under: General, Vacaville Attorney, Vacaville Lawyer