The death of pop superstar Michael Jackson has put attorneys that handle his business in the spotlight. It will also thrust the importance of family law attorneys to the forefront.

Many people don’t understand how family law effects them. They don’t understand that without a will, it will be left up to a judge to decide who will retain custody of your minor children, and how your assets will be divided.

With the “King of Pop” it seems that he at least had a will, which is more than most people can say. Estate planning is very important when you have children. Don’t you want to decide who will care for your children if you are not around?

A written document that describes what a person wishes to happen if at some time in the future they are judged to be suffering from a mental disorder that deems them unable to decide for themselves or to communicate effectively, is called a Psychiatric Advance Directive (PAD). This document informs the family and others what treatment they want or do not want from psychiatrists or other mental health providers. It also can identify a person to whom they have given the authority to make decisions on their behalf. This is just another kind of Advance Health Care Directive. 

PADs provide good crisis planning regarding legal issues as well as important clinical aspects. PADs help patients gain better access to the types of treatment that works best for them, informs medical professionals to their history of side effects and other relevant medical conditions. 

Although less than 10% of mental ill patients in the United States actually have a PAD in place, 70% have said that they would want one if they were offered assistance in completing it. An experienced attorney can assist in filling out these complex legal forms, obtaining witnesses, having the documents notarized and filing the documents in a medical record or registry. Most polls of psychiatrists, psychologists and social workers showed that the vast majority of professionals believe that advance care planning for crisis would help improve a patient’s overall mental health care and treatment. 

A mentally ill patient must be able to give consent based upon a clear appreciation and understanding of the facts, implications and the future consequences. This person must have adequate reasoning facilities and be in possession of all relevant facts at the time consent is given. Some of the areas of impairment that would prevent someone from giving consent would be severe mental retardation, severe sleep deprivation, intoxication, severe mental illness, Alzheimer’s disease or being in a coma. Minors are generally presumed incompetent to consent. Informed consent is usually required from the child’s parent or legal guardian.

What is an Estate?
It is defined as the assets and liabilities left by a person at death.

Your Assets-

These are items or money that you own by yourself or jointly with your spouse. These can include a car, your home, land, boats, RVs, beloved pets, pension plans, stock, bonds and mutual funds to name a few. These are all valuable assets and these are the things that you can will to whomever you choose when you die. These are the items that you will acquire throughout your life and will want your spouse, children and grandchildren to have. A will can be a way to assure that they are taken care of when you die. One thing to remember it that you will want your debts to be paid also. 

The conservation and transfer of your wealth after your death is an arrangement called an estate plan. This is a plan that allows you to keep the most money and any other property that you own, at the least cost to you during your lifetime and to your family when they inherit. 

A trust is the legal holding and managing of money or property belonging to somebody else, e.g. that of a minor. Another definition is a legal arrangement by which one-person, known as the trustee, holds and manages money or property belonging to somebody else. It is a little like a will, but without the complications of probate. 

A durable power of attorney is another document that legally gives someone you designate the right to make decisions for you should you become incapacitated and cannot act on your own. When having these documents prepared, it is a good time to also have a health care power of attorney in place. This is giving a person, of your choice, the right to make decisions for you about your health care if you cannot make them yourself. 

These are only some of the legal documents that you may want to include in your estate plan. The most important document is the will. A family attorney can assist you in making all of these important decisions for your family. 

Your estate plan should be reviewed every couple of years. Especially as your life changes. Some of these include: divorce, marriage, a new family pet, birth of a child or grandchild, lottery winnings, financial changes in your portfolio, purchase of additional property, etc. 

If you move to another state, your estate plan should be reviewed thoroughly by a family attorney. Some states have their own requirements for estate plans. There may be revisions required on some of the documents and a family attorney can assist you in these changes. 

So many Americans today do not have a will or estate plan in place of their death. In some states this could be a tragedy because if no will is in place the state decides where the assets go and to whom. This is never a good idea. A will and estate plan is the only way to assure that your wishes are carried out. This protects your family from the stress filled chore of dealing with the state as far as asset division is concerned. The state is not normally going to work to divide the assets in a manor that the deceased would have desired. The only way to prevent this is to hire an experienced family attorney. One that can ensure that your wishes are carried out. Contact a good family attorney today.