Robert Peterson, Attorney at Law

General Elder Law Issues

 

    Elder law encompasses many issues, including wills and trusts, living wills, durable powers of attorney, probate issues, and in Iowa probate law includes guardianships and conservatorships regardless of the age of the ward. 

     Everyone should have a will and possibly a trust to inform everyone what you want done with your worldly possessions when you pass away.

    Living Wills (advanced directives) explain what medical decisions you want made when you can no longer make those decisions.

    A Durable Power of Attorney provides for someone to make financial and/or medical decisions if you become incapacitated and cannot make those decisions.

    Other items that everyone should have in case of an emergency (not located in a safety deposit box, as the box may be sealed upon death and not opened until authorized by the court, but located in an easy to find location that all key family members can find):

1.  A listing of all insurance policies and where the policies are located.

2. A listing of bank accounts as well as user name and passwords for online accounts.  Bank accounts should be listed with a person to receive the account upon transfer upon death (TOD) or joint ownership to avoid probate.

3. A listing of all safety deposit boxes.

4. Titles and loan paperwork on all cars.  Consider transfer upon death or joint ownership for all vehicles.

5. List where abstract and deed for home are located. Consider joint survivorship for home deeds.

6. List all online websites, social networking sites, and online accounts with user names and passwords.

7. List user name and passwords to all computers.

8. Listing of friends and relatives with addresses and phone numbers for whom you want notified upon your passing.

9. Prepare letters to loved ones.

10.  A listing of creditors and debtors.

11.  Name, address, and phone number of attorney.

12. If some arrangements have been made, where arrangements have been made and what the arrangements were.

13.  A draft obituary with relatives.

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