When devising your estate plan, the care of your children is likely your foremost concern. John Even can provide you with sound advice and professional assistance with crucial decisions about the financial support, protection, and guardianship of your children.
It is appropriate to select and name a guardian who will raise your children according to your parental philosophies. You should be aware that sometimes the court may reject a guardian who it finds is unwilling or unable to care for your child. I, therefore, suggest that you name an alternative guardian who can step into the role if your primary guardian choice is unavailable or rejected by the court. I also recommend that you thoroughly discuss your decision with your chosen guardian to make sure the guardian is willing and prepared to accept the full responsibility of caring for your child as you wish.
I can help you arrange for the care of an elderly parent or disabled adult. I can assist you in the process to have yourself, or another concerned and qualified loved one, appointed as conservator. I can also guide you in choosing a professional conservator to manage your loved one’s financial needs responsibly for their best interests.
Having named a guardian for your children is especially important if you are a single parent or in case both parents die at the same time. If you have not named a guardian for your children, the court appoints the guardian for your children — and may make a very different decision about that than you would have. Assert your right to make such parenting decisions and have them enforced by drafting a will — and updating it if the guardian you have designated dies or becomes incapacitated.
Parents who have lived independently are often resistant to having their adult children care for them, even as the infirmities of old age set in. If you see an urgent need to assume authority over an aging parent or other relative for their own good, you may have to petition the court to be appointed as a conservator of your loved one’s person and estate. Your loved one is entitled to counsel to oppose you. If such circumstances arise, you can trust in my experience, professionalism, and sensitivity, as we proceed with the legal process. My goal is not only to win the appointment, but as much as possible, to impress upon your parent the loving motivations for your actions.
If you are the responsible party in the life of an incapacitated adult, your estate plan should include a special needs trust to provide financial assistance after your passing. Leaving money directly to a person who receives Social Security Disability or Supplemental Security Income benefits could make them ineligible for assistance. By creating a trust, you ensure a consistent income stream that eases their financial burdens without jeopardizing their eligibility for these governmental benefits. Your estate plan can also include provisions for requesting that the court appoint a conservator for your loved one at your passing.
John has assisted many Arizona families in navigating through the court process when a loved one becomes incapacitated and is in need of a guardian or conservator through the court to manage his or her care and finances. However, he can not only provide guidance in these court proceedings, but he also provides planning in advance of an incapacity to avoid the need for court intervention in the event of a disability. With a larger and larger number of our State’s population facing Alzheimer’s/dementia issues today, you count count on him to be your advocate in any planning or court proceedings.
John Even serves clients in Phoenix and throughout Arizona. Call me at 602-663-9263 or contact me online to schedule a consultation at my Phoenix office.