Safeguard Your Cryptocurrency Assets With Estate Planning

One of the biggest appeals of cryptocurrency, like Bitcoin, is that it is decentralized, unregulated, and anonymous. There are no financial institutions controlling it, and unless you tell someone you own digital currency, it remains a secret.

When it comes to estate planning, however, that kind of secrecy can be disastrous. In fact, without the appropriate planning protections in place, all of your crypto wealth will disappear the moment you die or become incapacitated, leaving your family with absolutely no way to recover it.

Indeed, we’re facing a potential crisis whereby millions—perhaps billions—of dollars’ worth of family wealth could potentially vanish into thin air unless you take action to protect your digital assets with estate planning. Fortunately, putting the appropriate safeguards in place is a fairly simple process for a Personal Family Lawyer® experienced with cryptocurrency.

The first step in securing your crypto assets is to let your heirs know you own it. This can be done by including your digital currency in your net-worth statement listing all of your assets and liabilities. Along with the amount of cryptocurrency you own, you should also include detailed instructions about where it’s located and how to find the instructions to access it. But you want those instructions to be kept in an absolutely secure location because anyone who has them can take your cryptocurrency.

Even if your heirs know you own cryptocurrency, they won’t be able to access it unless they know the encrypted passcodes needed to unlock your account. Indeed, there are numerous stories of crypto owners losing their own passcodes and then being so desperate to recover or remember them that they dug through trash cans and even hired hypnotists.

The best way to secure your passcodes is by storing them in a digital wallet. The safest option is a “cold” wallet, or one that is not connected to the internet and thus cannot be hacked. Cold wallets include USB drives as well as “paper” wallets, which are simply the passcodes printed on paper—and ideally stored in a fireproof safe.

But as with the existence of your crypto assets, the only way these wallets are of any use to your heirs is for them to know where they are and how to access them in the event of your incapacity or death. So make sure these instructions are included in your estate plan and your Personal Family Lawyer® knows about the assets and where to locate the instructions on how to access them.

Just as it would be foolish to store your money in a secret safe and not tell anybody where it is or give them the combination to open it, it’s just as foolhardy not to take the appropriate steps to protect your cryptocurrency through proper estate planning.

Since digital currency is such a recent phenomenon, not all estate planning attorneys are familiar with it, but with us as your Personal Family Lawyer®, you can rest assured we have the knowledge and experience to help you safeguard your digital wealth just as effectively as all of your other assets.

This article is a service of Amy Hsiao, Personal Family Lawyer®. We don’t just draft documents; we ensure you make informed and empowered decisions about life and death, for yourself and the people you love. That’s why we offer a Family Wealth Planning Session, ™ during which you will get more financially organized than you’ve ever been before, and make all the best choices for the people you love. You can begin by calling our office at (858) 386-0998 today to schedule a Family Wealth Planning Session and mention this article to find out how to get this $750 session at no charge.

6 Steps to Select and Name the Right Guardians for Your Children—Part 2

Last week, we shared the first part of our series on selecting and naming the right guardians for your children. If you haven’t read it yet, you can do so here. Here in part two, we discuss the final three steps in the process.

4. Narrow candidate list, and rank your choices

When you’ve come up with all of the potential candidates for guardian, narrow down the list to your top five people. There’s no guarantee that your ideal candidate(s) will be willing to serve as guardian, so having more than one or two is a practical necessity.

To aide in this process, you should consider things, such as who really loves your children and who do your kids really get along with? Will this person be physically, mentally, and emotionally able to raise your kids to adulthood? The most important thing is to choose SOMEONE, even if you aren’t 100% sure about them, since you can always select a new guardian later.

Then rank your choices from top choice down to last. Again, backups are critical in case your first choice cannot serve.

5. Sit down with top candidates and discuss what’s involved

When it comes to asking someone to be your child’s guardian, you need to provide crystal-clear guidance about what’s involved. The discussion should cover all of your expectations about how you want your kids raised. Speak openly about finances, discipline, education, spirituality, and any needs that are unique to your children.
Once the discussion is complete, give them a few days to carefully consider the choice, even if they seem immediately gung-ho about doing it. Depending on the age of your kids, this could be a more than decade-long commitment. If they don’t carefully think it over, the responsibility can easily turn into resentment.

6. Legally document your plan

It’s essential to legally document your choice as soon as possible. Verbal commitments mean nothing in the eyes of the law. This is especially true when you name a friend over a family member.

For a quick and easy way to legally document your plan, visit our free website shown below. The entire process takes only 15-20 minutes, so you can immediately get this urgent matter taken care of.

⇒ Visit our website to go through these steps and create legal documents naming guardians for the long-term care of your children, absolutely free. Do it here now: https://protectmykids.family/
After you’ve used our website to name your legal guardians, you can then work with us as your Personal Family Lawyer® to create a more comprehensive plan that includes all of the necessary legal documents to ensure the well-being of your children and the assets you’re leaving behind, no matter what happens.

With us as your Personal Family Lawyer®, you’ll have a trusted advisor who can help you navigate all of the legal, insurance, financial, and tax issues involved with estate planning. Indeed, we can put a plan in place that not only protects and provides for your children, but your entire family.

This article is a service of Amy Hsiao, Personal Family Lawyer®. We don’t just draft documents; we ensure you make informed and empowered decisions about life and death, for yourself and the people you love. That’s why we offer a Family Wealth Planning Session, ™ during which you will get more financially organized than you’ve ever been before, and make all the best choices for the people you love. You can begin by calling our office today at (858) 386-0998 to schedule a Family Wealth Planning Session and mention this article to find out how to get this $750 session at no charge.

6 Steps to Select and Name the Right Guardians for Your Children—Part 1

One of your most important responsibilities as a parent is to select and legally document guardians for your children. This doesn’t mean just naming godparents or trusting the grandparents will step in if necessary. It means consciously deciding who would raise your children if you cannot. And then it means legally documenting your choices and making sure the people you’ve chosen know what to do if they’re ever called upon.

However, most people have no idea how to even start this process, much less create a legally binding plan. Because of this, many parents simply never get around to doing it. And those who do often make one of several common mistakes—even if they’ve worked with a lawyer.
Why? Because most lawyers haven’t been trained properly to help parents with this vital issue.

As a result, unless you’ve worked with us or another trained Personal Family Lawyer®, it’s likely your children are extremely vulnerable to being taken out of your home and placed in the care of strangers. This might be temporary, while the authorities figure out what to do, or they could end up being raised to adulthood by someone you’d never choose.
Even if you don’t have any minor children at home, please consider sharing this article with any friends or family who do—it’s that important. While it’s rare for something to happen to both parents of a minor child, it does occur, and the consequences are simply too severe to not take a few simple steps to select and legally name guardians the right way.
To help with this process, we’ve outlined some basic steps to select and name a legal guardian. Regardless of whether you own any other assets or wealth, it’s vital to complete this process immediately, so you know that who you care about most—your kids—will be cared for the way you want, no matter what.

We’ve even created an easy-to-use website, where you can go through these steps to create legal documents naming guardians for the long-term care of your children, absolutely free. Do it here now: http://sdprotectmykids.com/

1.Define your ideal candidate

The first step in selecting a guardian is to come up with a list outlining the qualities and attributes you and your partner value most when it comes to the long-term care of your children. The list can mirror your own parenting philosophy and style, as well as list the qualities that would make up your absolute “dream” guardian.

In addition to qualities like parental values, discipline style, religious/spiritual background, kindness, and honesty, you also need to consider more practical matters. Is the person young enough and physically capable of raising your kids to adulthood? Do they have a family of their own, and if so, would adding your kids to the mix be too much?

Geography should also come into play—do they live nearby, and if not, would it be a major hardship to relocate your children? Is their home in a location you would feel comfortable having your kids grow up in?

One thing you may think you should consider is financial stability, and that’s a frequent misconception. However, the people you name as legal guardians for your children are the people making decisions for their healthcare and their education, but they don’t need to be the ones managing your children’s financial needs.

Ideally, you’ll leave behind ample financial resources for your children and the people raising them. You can do this by establishing a trust for those resources and naming a financial guardian, or trustee, to oversee them. Please contact us for help with that, as there are many options to consider.

2. Make a list of candidates

Based on those parenting qualities, start compiling a list of people in your life who match your ideals. Be sure to consider not only family, but also close friends.

Though you may feel obligated to choose a family member, this decision is about what’s best for your children’s future, not trying to protect someone’s feelings. And if you’re having trouble coming up with enough suitable candidates, try coming up with people who you would definitely NOT want as guardians, and work backwards from there.

Or consider the person a judge would likely select if you didn’t make your own choice and whether there are any other people you’d prefer to raise your children.

3. Select first responders (temporary guardians)
In addition to legally naming long-term guardians, you also need to choose someone in your local area to be a “first responder,” or temporary guardian. This is someone who lives near you and who’s willing to immediately go to your children during a time of crisis and take care of them until the long-term guardian is notified and appointed by the court pursuant to your long-term guardianship nomination.

If your children are in the care of someone like a babysitter without legal authority to have custody of them, the police will have no choice but to call Child Protective Services and take your children into the care of the authorities. From there, you children could be placed in the care of strangers until your named long-term guardian shows up, or until the court decides on an appropriate guardian.
This is an area where plans that only name a legal guardian through a Will typically fail. Beyond naming just a long-term guardian, you need a short-term, temporary guardian who’s named as the first responder and knows exactly what to do if something happens to you.

Once you’ve chosen your long-term guardian, it’s imperative that all temporary caretakers know exactly how to contact them. This precaution is not just about your death—it also covers your incapacity and any other situation when you’re unable to return home for a lengthy period of time.

Next week, we’ll continue with part two in this series on selecting and naming the right guardians for your kids.
This article is a service of Amy Hsiao, Personal Family Lawyer®. We don’t just draft documents; we ensure you make informed and empowered decisions about life and death, for yourself and the people you love. That’s why we offer a Family Wealth Planning Session, ™ during which you will get more financially organized than you’ve ever been before, and make all the best choices for the people you love. You can begin by calling our office today at (858) 386-0998 to schedule a Family Wealth Planning Session and mention this article to find out how to get this $750 session at no charge.

Estate Planning Mistakes Seniors (Including You or Your Parents) Can’t Afford to Make

Estate planning really should be considered as soon as you acquire your first asset, have a child, or step into adulthood in any truly meaningful way. And yet many of us put it off for far too long, leaving ourselves and our families at risk of getting stuck in the court system in the event of an unexpected accident, illness, or injury.

Once you (or your parents) reach senior status, you can no longer pretend that estate planning is something you can put off. The effects of aging become impossible to ignore, and the fact that you’re not going to live forever moves to the front of your mind.
While planning for your incapacity and death can be scary, it’s even more frightening to think of the potential tragedies that can arise if you and your family don’t have the right planning in place. More and more, the media is highlighting the reality that without proper planning, the elderly can lose everything, even if they have family looking after them.

At the senior stage of life, effective estate planning is urgent, both for you and the people you love. And if you aren’t a senior yet yourself but have senior parents, get your own planning handled, and then use that as a model to get your parents’ planning taken care of.

Here are a few of the most common errors seniors make when it comes to estate planning and how to fix them:

Not creating advance medical directives
In your senior years, health care matters become much more relevant and urgent. At this age, you can no longer afford to put off important decisions related to your medical needs.
Two of the most important considerations you face are how you want your medical care handled in the event you become incapacitated, and how you want medical care to be handled at the end of your life. Both of these situations can be addressed using advance medical directives, specifically a medical power of attorney and a living will.

Medical power of attorney allows you to name the person you want to make healthcare decisions for you if you’re incapacitated and unable to make decisions yourself.
You also want to make sure you have a living will, which provides guidelines for how your medical care should be handled, if you become unable to voice your wishes. In addition to guidelines about how you want your medical care handled, your living will may also include instructions on the type of food you want to be fed to you, as well as who should be able to visit you.

In order to ensure that your health care wishes are properly handled—even in the most dire circumstances—creating these advance directives is a must.
Relying only on a will
Many people, particularly older folks, believe that a will is the only estate planning tool they need. While wills are definitely one key aspect of estate planning, they come with some serious limitations:

  • Wills require your family to go through probate, which is open to the public and often expensive.
  • Wills don’t offer you any protection if you become incapacitated and unable to make legal and financial decisions.
  • Wills don’t cover jointly owned assets or those with beneficiary designations, such as life insurance policies.
  • Wills don’t shield assets from your creditors or those of your heirs.
  • Wills don’t provide protections or guidance for when and how your heirs take control of their inheritance.

Fortunately, all of the above areas can be effectively managed using a trust. However, some people are reluctant to use trusts because they’re unfamiliar with them and have been told a will is all they need.

What’s more, because until fairly recently trusts were primarily used by the ultra-wealthy, many believe they’re an extravagance they don’t need and can’t afford. But the truth is, people of all income levels and asset values can afford and benefit from trusts, which provide numerous protections unavailable through wills.

If you’re relying solely on a will for estate planning, you’re missing out on many valuable safeguards for your assets, while also guaranteeing your family will have to got to court when you die.

If you aren’t sure what you need, begin by contacting us for a Family Wealth Planning Session. Your Family Wealth Planning Session is custom-designed to your assets, your family, your wishes, and to educate you on the best way to reach your objectives for the people you love.

Not keeping your plan current

Far too often people prepare a will or trust when they’re young, put it into a drawer, and forget about it. But your estate plan is worthless if you don’t regularly update it when your assets, family situation, and/or the laws change.

We recommend you review your plan annually to make sure it’s up to date and immediately amend it following events like divorce, deaths, births, and inheritances. With us as your Personal Family Lawyer®, we have built-in processes to ensure these updates are made right away.

And when it comes to a trust, it’s not enough to simply list the assets you want it to cover. You have to transfer the legal title of certain assets—real estate, bank accounts, securities, brokerage accounts—to the trust, known as “funding” the trust, in order for them to be distributed properly.

While most lawyers will create a trust for you, few will ensure your assets are properly funded. But with us as your Personal Family Lawyer®, we’ve got processes in place to keep track of your assets over life, make sure none are lost to your state’s Department of Unclaimed Property, and that you don’t inadvertently force your family into court because your plan wasn’t fully completed.

Not pre-planning funeral arrangements
Although most people don’t want to think about their own funerals, pre-planning these services is a key facet of estate planning, especially for seniors. By taking care of your funeral arrangements ahead of time, you not only eliminate the burden and expense for your family, you’re able to make your memorial ceremony more meaningful, as well.

In addition to basic wishes, such as whether you prefer to be buried or cremated, you can choose what kind of memorial service you want—simple, elaborate, or maybe none at all. Are there songs you want played? Prayers or poems recited? Do you have a specific burial plot or a spot where you want your ashes scattered?

Pre-planning these things can help relieve significant stress and sadness for your family, while ensuring your memory is honored exactly how you want.

If you’re already in your senior years, about to be, or have a parent who is, it’s critical that you take care of your estate planning immediately and avoid these common pitfalls. As your Personal Family Lawyer®, we’ll walk you step-by-step through the process, ensuring that you have everything in place to protect yourself, your assets, and your family. Contact us today to get started.

This article is a service of Amy Hsiao, Personal Family Lawyer®. We don’t just draft documents; we ensure you make informed and empowered decisions about life and death, for yourself and the people you love. That’s why we offer a Family Wealth Planning Session, ™ during which you will get more financially organized than you’ve ever been before, and make all the best choices for the people you love. You can begin by calling our office today at (858) 386-0998 to schedule a Family Wealth Planning Session and mention this article to find out how to get this $750 session at no charge.

The Key Differences Between Wills and Trusts

When discussing estate planning, a will is what most people think of first. Indeed, wills have been the most popular method for passing on assets to heirs for hundreds of years. But wills aren’t your only option. And if you rely on a will alone to pass on what matters, you’re guaranteeing your family has to go to court when you die.

In contrast, other estate planning vehicles, such as trusts, which used to be available only to the uber wealthy, are now being used by those of all income levels and asset values to keep their loved ones out of the court process.

But determining whether a will or a trust is best for you depends entirely on your personal circumstances. And the fact that estate planning has changed so much makes choosing the right tool for the job even more complex.

The best way for you to determine the truly right solution for your family is to meet with us as your Personal Family Lawyer® for a Family Wealth Planning Session™. During that process, we’ll take you through an analysis of your personal assets, what’s most important to you, and what will happen for your loved ones when you become incapacitated or die. From there, you can make the right choice for the people you love.

In the meantime, here are some key distinctions between wills and trusts you should be aware of.

When they take effect
A will only goes into effect when you die, while a trust takes effect as soon as it’s signed and your assets are transferred into the name of the trust. To this end, a will directs who will receive your property at your death, and a trust specifies how your property will be distributed before your death, at your death, or at a specified time after death. This is what keeps your family out of court in the event of your incapacity or death.

Because a will only goes into effect when you die, it offers no protection if you become incapacitated and are no longer able to make decisions about your financial and healthcare needs. If you do become incapacitated, your family will have to petition the court to appoint a conservator or guardian to handle your affairs, which can be costly, time consuming, and stressful.

With a trust, however, you can include provisions that appoint someone of your choosing—not the court’s—to handle your medical and financial decisions if you’re unable to. This keeps your family out of court, which can be particularly vital during emergencies, when decisions need to be made quickly.

The property they cover

A will covers any property solely owned in your name. A will does not cover property co-owned by you with others listed as joint tenants, nor does your will cover assets that pass directly to a beneficiary by contract, such as life insurance.

Trusts, on the other hand, cover property that has been transferred, or “funded,” to the trust or where the trust is the named beneficiary of an account or policy. That said, if an asset hasn’t been properly funded to the trust, it won’t be covered, so it’s critical to work with us as your Personal Family Lawyer® to ensure the trust is properly funded.

Unfortunately, many lawyers and law firms set up trusts, but don’t then ensure your assets are properly re-titled or beneficiary designated, and the trust doesn’t work when your family needs it. We have systems in place to ensure that transferring assets to your trust and making sure they are properly owned at the time of your incapacity or death happens with ease and convenience.
How they’re administered

In order for assets in a will to be transferred to a beneficiary, the will must pass through the court process called probate. The court oversees the will’s administration in probate, ensuring your property is distributed according to your wishes, with automatic supervision to handle any disputes.
Because probate is a public proceeding, your will becomes part of the public record upon your death, allowing everyone to see the contents of your estate, who your beneficiaries are, and what they’ll receive.

Unlike wills, trusts don’t require your family to go through probate, which can save both time and money. And since the trust doesn’t pass through court, all of its contents remain private.

How much they cost

Wills and trusts do differ in cost—not only when they’re created, but also when they’re used. The average will-based plan can run between $500-$2000, depending on the options selected.  An average trust-based plan can be set up for $3,000-$5,000, again depending on the options chosen. So at least on the front end, wills are far less expensive than trusts.

However, wills must go through probate, where attorney fees and court costs can be quite hefty, especially if the will is contested. Given this, the total cost of executing the will through probate can run as high as $8,000-$10,000 or more.

Even though a trust may cost more upfront to create than a will, the total costs once probate is factored in can actually make a trust the less expensive option in the long run.

During our Family Wealth Planning Session™, we’ll compare the costs of will-based planning and trust-based planning with you, so you know exactly what you want and why, as well as the total costs and benefits over the long-term.

As your Personal Family Lawyer®, we offer expert advice on wills, trusts, and numerous other estate planning vehicles. Using proprietary systems, such as our Family Wealth Inventory and Assessment™ and Family Wealth Planning Session™, we’ll carefully analyze your assets—both tangible and intangible—to help you come up with an estate planning solution that offers maximum protection for your family’s particular situation and budget. Contact us today to get started.

This article is a service of Amy Hsiao, Personal Family Lawyer®. We don’t just draft documents; we ensure you make informed and empowered decisions about life and death, for yourself and the people you love. That’s why we offer a Family Wealth Planning Session, ™ during which you will get more financially organized than you’ve ever been before, and make all the best choices for the people you love. You can begin by calling our office today at (858) 386-0998 to schedule a Family Wealth Planning Session and mention this article to find out how to get this $750 session at no charge.

How and When to Talk to Your Children About Money

Whether you consider yourself wealthy or not, you need to think about how (and when) you’ll talk with your children about money, whether they’re little kids, tweens, teens, or already adults.

The Wall Street Journal article “The Best Way for Wealthy Parents to Talk to Children About Family Money” offers guidelines for how and when “the money talk” should take place. Based on interviews with multiple financial experts, the article suggests these discussions should happen in three stages during the child’s lifetime.

Here, we’re showing you how each of these three stages apply to your family wealth as a whole, regardless of how much—or how little—money you have at the moment:

Tweens and teens

The tween years (ages 10-12) are a good time to start talking with your children about your family wealth. At this age, the discussion should be aimed at letting your children know that family wealth is not just the amount of money that your family has, but involves all of the family resources.

Time, energy, attention, and money (TEAM) are the resources that make up your family wealth. With this in mind, use one day over a coming weekend to create a Family Wealth Inventory with your tween or teen children. Inventory all of the family’s TEAM resources, along with other intangibles, such as values, insights, as well as stories and experiences you want considered as part of the Family Wealth bank.

This is an ideal time to tell them the family story, talking about how you and their other relatives worked your way to the family wealth you have now, how decisions have been made from one generation to the next regarding family wealth, and how you hope decisions will be made in the future.

Around ages 10 to 12, you can also start talking to your children about the fact that one day you won’t be here, your intentions surrounding what you plan to pass on to them (beyond just money) and how you plan to pass it on, as well as what they choose to do with the inheritance they’re receiving.

Again, the inheritance they’re receiving is not just the money you’re leaving—it also involves your family genetics, epigenetics, values, ancestry, connections, knowledge, and much more.

In their 20s
If you haven’t yet begun talking to your children about your family wealth, you should start now. And if you’ve already begun the conversations, make sure to continue talking to them during this important stage of their life.

Once they’ve moved out of the home, they need to begin thinking about their own family wealth, including setting up their own legal documents, so if something happens to them, you won’t get stuck in court or conflict. They also need to know whether you plan to offer them financial assistance during their lifetime, along with what the parameters of this assistance are and why you’ve set things up this way.

Additionally, this is an ideal time to start discussing your own plans for retirement and whether or not you’ll need any financial support from them later on in their life.

If you haven’t already shared your estate plan with your children—including where to find it, why you’ve made the decisions you’ve made, and introduced them to your family lawyer—this is the time to do that as well.

In their 30s and 40s

By their 30s, your children should be ready to be fully involved in your family wealth. This would be the perfect time to have a family meeting facilitated by us, if you haven’t done so already.

You can kick-start the talk by reading from a letter you’ve written that outlines the hopes you have for your family wealth, both now and in the future. Since you’ll likely be nearing or in retirement at this stage, it’s important that you eventually discuss the actual value of the family’s wealth and detail your wishes about passing it on. At this age, you never know how much time you have left to prepare your children to effectively manage the money you’ve spent your entire life accumulating.

By now, you definitely want your children to know if they should plan to provide financial support for you. At the same time, you may want to start looking at how you can pass on what you do have during your lifetime, instead of waiting until death, so you can invest in creating more family wealth with your children together.

As your Personal Family Lawyer®, we can not only help facilitate these discussions, we can also provide estate planning strategies to help your children become creators of more family wealth, instead of people who you might be afraid will squander what you’ve created. Indeed, we can help you set up structures that incentivize them to invest and grow their inheritance, rather than waste it. Contact us today to learn more.

This article is a service of Amy Hsiao, Personal Family Lawyer®. We don’t just draft documents; we ensure you make informed and empowered decisions about life and death, for yourself and the people you love. That’s why we offer a Family Wealth Planning Session, ™ during which you will get more financially organized than you’ve ever been before, and make all the best choices for the people you love. You can begin by calling our office today at (858) 386-0998 to schedule a Family Wealth Planning Session and mention this article to find out how to get this $750 session at no charge.

Before Your Kids Leave For College, Make Sure They Sign These Documents

With high school graduation coming up, many parents will soon watch their children become adults (at least in the eyes of the law) and leave home to pursue their education and career goals.

Turning 18, graduating high school, and moving out is a huge accomplishment. And  it also comes with some serious responsibilities that probably aren’t at the forefront of their (or your) mind right now. Once your children become legal adults, many areas that were once under your control are now solely up to them.

Here’s the big one: Before they turned 18, you had access to their financial accounts and had the power to make all of their healthcare decisions. After they turn 18, however, you’re no longer able to do either.

Before your kids head out into the world, you should discuss and have them sign the following estate planning documents, so if they become incapacitated, you can easily access their medical records and financial accounts without having to go to court. Signing these documents will ensure that if they ever do need your help and guidance, you’ll have the legal authority to easily provide it.

Medical Power of Attorney

Medical power of attorney allows your child to name an agent (like you), who has the power to make healthcare decisions for them if they’re incapacitated and cannot make such decisions for themselves. For example, this authority allows you to make medical decisions if your child is knocked unconscious in a car accident or falls into a coma due to an illness.
That said, while medical power of attorney would give you authority to view your child’s medical records and make treatment decisions that authority only goes into effect if the child becomes incapacitated. This means that unless your child is incapacitated, you do not have the authority to view their medical records, which are considered private under HIPAA.

HIPPA Authorization
Passed in 1996, the “Health Insurance Portability and Accountability Act,” or HIPPA, requires health care providers and insurance companies to protect the privacy of a patient’s health records. Once your child becomes 18, no one—even parents—is legally authorized to access his or her medical records without prior written permission.

But this is easily remedied by having your child sign a HIPPA authorization that grants you the authority to access his or her medical records. This can be critical if you ever need to make informed decisions about your child’s medical care.

Living Will
While medical power of attorney allows you to make medical decisions over your child’s ongoing healthcare if they’re incapacitated, a living will provides specific guidelines for how their medical care should be handled at the end of life.

A living will details how they want medical decisions made for them, not just who makes them. But such power only goes into effect if the child is terminally ill, which typically means they have less than six months to live.

Your child may have certain wishes for their end-of-life care, so it’s important you discuss these decisions with them and have such provisions documented in a living will. For example, a living will allows the child to decide when and if they want life support removed if they ever require it. Since these are literally life-or-death decisions, you should document them in a living will to ensure they’re properly carried out.

Durable Power of Attorney
In the event your child becomes incapacitated, you’ll also need a durable power of attorney to access his or her financial accounts. If you do not have a signed, financial durable power of attorney, you’ll have to go to court to get access.

While medical power of attorney will authorize you to make healthcare-related decisions on their behalf, durable power of attorney will give you the authority to manage their financial and legal matters, such as paying bills, applying for Social Security benefits, and/or managing banking and other financial accounts.

If your child is getting ready to leave the nest to attend college or pursue some other life goal, you can trust us as your Personal Family Lawyer® to help your child articulate and legally protect their healthcare and end-of-life wishes. With us in your corner, you’ll have peace of mind that your child will be well taken care of in the event of an unforeseen accident or illness.

This article is a service of Amy Hsiao, Personal Family Lawyer®. We don’t just draft documents; we ensure you make informed and empowered decisions about life and death, for yourself and the people you love. That’s why we offer a Family Wealth Planning Session, ™ during which you will get more financially organized than you’ve ever been before, and make all the best choices for the people you love. You can begin by calling our office today at (858) 386-0998 to schedule a Family Wealth Planning Session and mention this article to find out how to get this $750 session at no charge.

3 Key Benefits of Conscious Uncoupling

The concept of conscious uncoupling, or conscious divorce, has been around for decades in the psychotherapy community. However, the actual term “conscious uncoupling” was thrust into the mainstream lexicon in 2014, when Gwyneth Paltrow used it to publicly announce that she and husband Chris Martin were separating.

Since then, the term has been used extensively to describe what was previously called “amicable divorce” or “uncontested divorce.” In 2016, relationship expert Katherine Woodward Thomas wrote the book Conscious Uncoupling, and she now offers a five-week program of therapy designed to help individuals make a more healthy transition from marriage to singlehood.

While there’s no precise definition of conscious uncoupling, according to Thomas, it basically involves reframing divorce from a traumatic experience into one that focuses on the positive opportunities a split offers for personal growth and spiritual development. The goal is to end the relationship in a truly cooperative and respectful manner, which can have tremendous benefits for both the couple and their children.

It’s important to note that conscious uncoupling has no legal effect on the marriage. Rather, it’s about maintaining a positive mindset that seeks to mitigate the often terrible effects divorce can have on our emotions, family, and finances.

In order to actually terminate the marriage and resolve all of the legal consequences that this entails, couples must still undergo a divorce. This is one reason we often use the term “conscious divorce,” instead of conscious uncoupling.

Based on numerous reports from therapists and couples, we’ve laid out the primary benefits conscious divorce offers those seeking a more compassionate and mindful way to end their relationship:

A focus on the positives

Though it may seem like New Age hyperbole to reframe divorce from a traumatic experience to one that’s ultimately positive, the process of adjusting one’s perspective like this can be extraordinarily powerful. In fact, therapists who work with people at the end of life often report their patients wish they’d dissolved past relationships more amicably instead of focusing so much on the blame and pain involved.

Indeed, one of the goals of conscious divorce is to move away from the “blame game” model to one that acknowledges that romantic relationships often end for a variety of reasons, not necessarily because it was anyone’s failure or fault. Like all changes in life, the best way to deal with divorce is to accept the loss of the relationship as a simple part of life’s natural roller-coaster ride of ups and downs.

The challenge is to focus on all of the things you’ve gained through the relationship, rather than what you’re losing. You’ve undoubtedly shared some amazing times and learned a great deal from being married, and by focusing on these aspects, you can not only experience less trauma, but also be better prepared to move into your new life beyond the relationship.

Puts the children first
While conscious divorce seeks to minimize the pain and hostility for the couple, the most important reason behind such a mindset is to protect your children. Make your kids the motivating factor for keeping the breakup as amicable as possible.

When you’re tempted to keep arguing, choose your kids over being right. Don’t fight in front of your children, and never talk negatively about your spouse with them. No matter what happens, you will always be a family, so keep this in mind when making your decisions.

By doing this, your children are far less likely to be seriously damaged by the divorce, and it will set the stage for everyone to move on to the next chapter in their lives in a healthier manner.

Avoids a contentious court battle
Anyone who’s witnessed a seriously contentious divorce proceeding can attest that such public battles should be a true last resort. Not only do these courtroom dramas take a toll on a family’s mental health, but they also can drag on for months or even years, unnecessarily draining bank accounts and corrupting the marital estate.

Conscious divorce, on the other hand, can not only dramatically minimize the time, cost, and emotional toll of divorce, it lays the groundwork for the new non-traditional family to interact and function once the court proceedings are over. This is a huge benefit for establishing a healthy co-parenting relationship, and showing both your children and yourselves that marriage can still be “successful” even if it ends in divorce.

As your Personal Family Lawyer®, we can help you navigate the more contentious aspects of divorce in a “conscious” way by supporting you to find the right counsel to guide you. And, of course, we’ll also help you restructure your assets properly after your divorce. If you’d like to end your marriage in a more positive manner, while ensuring that your children suffer as little trauma as possible, contact us today.

This article is a service of Amy Hsiao, Personal Family Lawyer®. We don’t just draft documents; we ensure you make informed and empowered decisions about life and death, for yourself and the people you love. That’s why we offer a Family Wealth Planning Session, ™ during which you will get more financially organized than you’ve ever been before, and make all the best choices for the people you love. You can begin by calling our office today at (858) 386-0998 to schedule a Family Wealth Planning Session and mention this article to find out how to get this $750 session at no charge.

Estate Planning Tips for Ensuring Your Pets Are Properly Cared For

It’s sad but true that many pets end up in shelters after their owner dies or becomes incapacitated. In fact, the Humane Society estimates that between 100,000 to 500,000 pets are placed in shelters each year for exactly this reason, and a large number of these animals are ultimately euthanized.

Whether we like it or not, the law considers pets to be nothing more than personal property just like cars, furniture, and electronic devices. In light of this cold reality, it’s vital that you provide for your pet’s future care through estate planning, so when you die or if you become incapacitated, your beloved friend won’t wind up in a shelter or worse.

The following tips offer helpful advice to ensure your faithful companion receives the best possible care when you’re no longer able to do it yourself.

Identify a new caregiver for your pet
Selecting a trustworthy caregiver is the first—and most important—step in protecting your pet(s) through estate planning. Many people assume their children, relatives, or friends will be suitable guardians, and these folks may even tell you as much in conversation. But the reality is, properly caring for most pets is a major commitment of time, emotion, and finances.

It’s best to come up with a list of potential candidates, and then have a frank talk with each of them, discussing the extent of care your pet requires and whether they have any personal issues (allergies, housing, other pets) that might prevent them from providing the necessary care.

If you don’t know any suitable caregivers, charitable groups, such as the Safe Haven® Surviving Pet Care Program, can provide for your pet in the event of your death or incapacity.

Get it in writing
Once you’ve chosen a guardian—along with one or two alternates in case something happens to your top choice—outline all of your pet’s care requirements, listing its health issues, dietary concerns, medications, etc. These requirements should be indicated within a properly drafted legal document to ensure that your wishes are properly carried out and enforceable.

As your Personal Family Lawyer®, we can help you create a legally binding agreement detailing your pet’s specific needs, which can be easily added to your other estate planning documents.

Provide funding for your pet’s continued care
All pets have basic food, shelter, and medical needs, and these needs can be quite expensive, depending on the animal’s age and health. And if you’re like most pet owners, you probably want your pet to receive more than just the bare necessities, so it’s imperative that you leave enough money to cover all such expenses.

Be sure to not only provide clear, detailed instructions on how your pet should be taken care of in your estate plan, but also include the necessary funding to cover these costs. And be sure you think about all of your pet’s future needs, including any extra services—grooming, boarding, and walking services—when calculating these expenses.

Set up a pet trust
Because pet care can be quite complicated and costly, the best way to ensure your wishes are properly carried out is to set up a pet trust.

While it’s possible to leave care instructions and funding for your pet in a will, a will cannot guarantee the new caregiver will use the funds properly or even that they’ll care for your pet at all. Indeed, a person who’s left your pet in a will can simply drop the animal off at a local shelter and keep the money for themselves.

A pet trust, on the other hand, allows you to lay out detailed rules for exactly how the trust’s funds can be used. To ensure your wishes are accurately carried out, you should name someone other than the caregiver as trustee, so this person can manage the funds and make sure they’re only used as spelled out by the rules you’ve created.

While leaving assets in a pet trust is fairly simple, creating a properly drafted trust that includes all of the necessary terms can be quite complex. Given this, you should work with us as your Personal Family Lawyer®, to be certain that all of the necessary elements are in place to ensure your pet will continue to receive the love and care it deserves if you aren’t around to do it.

This article is a service of Amy Hsiao, Personal Family Lawyer®. We don’t just draft documents; we ensure you make informed and empowered decisions about life and death, for yourself and the people you love. That’s why we offer a Family Wealth Planning Se) ssion, ™ during which you will get more financially organized than you’ve ever been before, and make all the best choices for the people you love. You can begin by calling our office today at (858) 386-0998 to schedule a Family Wealth Planning Session and mention this article to find out how to get this $750 session at no charge.

Choosing the Right Life Insurance Policy

While purchasing life insurance may seem pretty straightforward, it’s actually quite complex, especially with so many different types available.

In order to offer some clarity on the different types of policies out there, we’ve broken down the most popular kinds of life insurance here and discussed the pros and cons that come with each one.

 Term life insurance
Term life insurance is the simplest—and typically least expensive—type of coverage. Term policies are purchased for a set period of time (the term), and if you die during that time, your beneficiary is paid the death benefit.

Terms can vary widely—10, 15, 25, 30 years or longer—and if it’s a Level Term policy, the premium and death benefit remain the same throughout the duration. If you survive the term and want to retain coverage, you must re-qualify for a policy at your new age and health status.

In addition to Level Term, other variations include “Annual Renewable Term,” in which the death benefit is unchanged throughout the term, but the insurance is renewed annually, often with an increase in premiums. With a “Decreasing Term” policy, the death benefits decrease each year until they reach zero, but the premium remains the same.

Decreasing Term life insurance is often used to cover a mortgage, student loan, or other long-term debt, so the policy expires at the time the mortgage/debt is paid off.

Whole life insurance

Whole life, or permanent, insurance pays a death benefit whenever you die, no matter how long you live. With a whole life policy, both the death benefit and premium stay the same for your entire life span.

However, depending on when you purchase coverage, the premium can vary widely depending on how much the policy’s death benefit is worth. So, for example, purchasing whole life in your senior years can be extremely expensive and possibly not even available at all.

What’s more, your whole life policy premiums will be much higher than your term life insurance premiums because the insurance company knows the policy will pay out when you die, no matter how long you live.
Indeed, the premium for whole life policies can be among the most costly of all types of life insurance coverage, including similar types of “permanent” policies discussed below. This is simply the price paid for the guaranteed death benefit and a level premium.

Universal Life Insurance

Universa life insurance is a variation on whole life – it covers you for your entire lifespan, but also contains a “cash-value” component. Rather than putting 100% of your premium toward your death benefit, part of your premium is put into a separate cash-value account that earns interest and is tax-deferred.

The insurance company invests the cash-value funds in various investment vehicles of its choice, and provided the market performs well, you can access those extra funds for things like paying the policy’s premiums, paying off debt, or supplementing your later-in-life fixed income. Some insurance companies will even let you take tax-free loans against the policy’s cash value.

That said, the cash-value account is set at an interest rate that can adjust to reflect the market’s current rates, so if the interest rate of the cash value account decreases to the minimum rate, your premium would need to increase to offset the account’s reduced value.

While universal life premiums are typically more costly than term policies, universal life also allows you to adjust the death benefit within certain guidelines. This added flexibility allows you to choose how much of one’s premium funds will go toward the death benefit and how much goes into the cash value, offering you the ability to adjust the death benefit as your financial circumstances change.

Variable universal life insurance

Variable universal life insurance is quite similar to normal universal life except that variable policies allow you to choose how your cash-value funds are invested, rather than the insurance company. This offers you more control over the cash-value investment and potentially higher returns.

However, if the invested cash-value funds perform poorly or the market tanks, your policy could be at risk. Given a major drop in the cash-value account investments, you may have to pay increased premiums just to keep the policy in force. Moreover, the fees and expenses associated with the cash value investments for variable policies may be much higher than you would pay if you simply invested the funds on your own.

Because understanding life insurance can be confusing, it’s best to get the advice of a trusted advisor before you meet with an insurance agent, who might try to talk you into more coverage than you need in order to earn a larger commission. By sitting down with us as your Personal Family Lawyer®, we can work with you and your insurance advisors to offer truly unbiased advice about which policy type is best for your family and life circumstances.

Contact us today, and we’ll walk you step-by-step through the different life insurance options and help you with your other legal, financial, and tax decisions to ensure your family is planned for and protected no matter what happens.

This article is a service of Amy Hsiao, Personal Family Lawyer®. We don’t just draft documents; we ensure you make informed and empowered decisions about life and death, for yourself and the people you love. That’s why we offer a Family Wealth Planning Session, ™ during which you will get more financially organized than you’ve ever been before, and make all the best choices for the people you love. You can begin by calling our office today at (858) 386-0998 to schedule a Family Wealth Planning Session and mention this article to find out how to get this $750 session at no charge.