Georgia Estate Planning Lawyers

Most Georgia estate planning matters follow a straightforward process:

1. Initial consultation to understand your family goals, assets, and concerns
2. Review of key details (property, accounts, beneficiaries, minor children, blended-family needs)
3. Drafting your estate planning documents
4. Signing and formalities (witnessing/notarization as needed)
5. Trust funding guidance if a living trust is part of your plan
6. Periodic reviews as your family, finances, or laws change

Georgia Estate Planning Services

The Law Office of Paul Black can help Georgia clients with:

• Last Will and Testament (including guardian nominations for minor children)
• Living trusts and trust-based estate plans
• Pour-over wills to coordinate with trusts
• Durable financial powers of attorney
• Advance directives / healthcare powers of attorney
• HIPAA authorization forms
• Planning for blended families and special circumstances
• Business succession considerations as part of an estate plan

Acomprehensive estate plan uses multiple documents that work together to protect you and your loved ones. The right combination depends on your family and financial situation:

Living Trust

A Living Trust can be used to hold legal title to and provide a mechanism to manage your property. You (and your spouse or partner) are the Trustee(s) and beneficiaries of your trust during your lifetime. You also designate successor Trustees to carry out your instructions as you have provided in case of death or incapacity. Unlike a Will, a Trust usually becomes effective immediately after incapacity or death. Your Living Trust is revocable, which allows you to make changes and even terminate it. One of the great benefits of a properly funded Living Trust is the fact that it will avoid or minimize the expense, delays, and publicity associated with the probate process. Read the FAQ section on Probate & Living Trusts for more information.

If you have a Living Trust-based estate plan, you also need a Pour-Over Will. For those with minor children, the nomination of a guardian must be set forth in a Will. The other major function of a Pour-Over Will is that it allows the executor to transfer any assets owned by the decedent into the decedent’s trust so that they are distributed according to its terms.

Last Will and Testament

A Will, also referred to as a Last Will and Testament, is primarily designed to transfer your assets according to your wishes. A Will also typically names someone you select to be your Executor, who is the person you designate to carry out your instructions. If you have minor children, you should also name a Guardian as well as alternate Guardians in case your first choice is unable or unwilling to serve. A Will only becomes effective upon your death, and after it is admitted by a probate court.

Bear in mind that a Living Will is not the same as the Last Will and Testament. Georgia replaced the Living Will in 2007 with the Advance Directive for Healthcare. See the Power of Attorney section below for how this document works.

Power of Attorney

A Durable Financial Power of Attorney allows you to carry on your financial affairs in the event that you become disabled. Unless you have a properly drafted power of attorney, it may be necessary to apply to a court to have a guardian or conservator appointed to make decisions for you when you are disabled. This guardianship process is time-consuming, emotionally draining, and can cost thousands of dollars.

There are generally two types of durable powers of attorney: a “present” durable power of attorney in which the power is immediately transferred to your estate planning attorney in fact; and a “springing” or future that only comes into effect upon your subsequent disability as determined by your doctor. When you appoint another individual to make financial decisions on your behalf, that individual is called an “attorney in fact”. Anyone can be designated, most commonly your spouse or domestic partner, a trusted family member, or a friend. Appointing a power of attorney assures that your wishes are carried out exactly as you want them, allows you to decide who will make decisions for you, and is effective immediately upon subsequent disability.

The Georgia estate planning laws allow you to appoint someone you trust – for example, a family member or close friend to decide about medical treatment options if you lose the ability to decide for yourself. You can do this by using an Advance Directive (previously called a Durable Power of Attorney for Health Care) where you designate the person or persons to make such decisions on your behalf. You can allow your health care agent to decide about all health care or only about certain treatments. You may also give your agent instructions that he or she has to follow. Your agent can then ensure that health care professionals follow your wishes. Hospitals, doctors, and other health care providers must follow your agent’s decisions as if they were your own. In conjunction with other estate planning tools in Georgia, an Advance Directive can bring peace of mind and security while avoiding unnecessary expense and delay in the event of future incapacity.

Some medical providers have refused to release information, even to spouses and adult children authorized by durable medical powers of attorney, on the grounds that the 1996 Health Insurance Portability and Accountability Act, or HIPAA, prohibits such releases. In addition to the above documents, you should also sign a HIPAA Authorization Form that allows the release of medical information to your Agents, your Successor Trustees, your family, and other people whom you designate.