Sometimes the hardest part of creating an estate plan is deciding who to name as Executor, Health Care Proxy, or Power of Attorney. This is not an unusual problem, although it is one that can be difficult to discuss. We can help.
In today’s mobile society, adult children and their spouses move to make their homes in a new place. Just as often, seniors decide it’s time to downsize and enjoy a leisure-focused lifestyle, complete with a more comfortable climate or a walkable community. While it’s easy to stay in touch with family when they live far away, it’s also very important to have someone in nearby who can spring into action if an emergency occurs.
In these situations, Attorney Robert W. Haley has served as a fiduciary for clients. He has served as an agent under a Power of Attorney, or be named as trustee or executor, working closely with you and under the ethical guidelines set by the Virginia State Bar. Mr. Haley can act as your fiduciary, relying on his ample experience as an agent, trustee and executor and relying on his knowledge of estate planning law.
This is a great relief to clients when they are concerned about having a trusted person they can count on during a difficult time.
Unfortunately, there are many families where it simply is not wise, or even safe, for family members to be named as Agent, Power of Attorney or Health Care Proxy. These are not happy situations, but they do occur. A family member may have a problem with substance abuse, or there may be a long-standing estrangement.
When this is the case, it makes good sense to have a trusted professional serve as a fiduciary. Attorney Robert W. Haley can serve in all of these roles, allowing clients to know they are in trusted and experienced hands. There is a great peace of mind that comes from knowing your estate and your family will be managed properly, without the family’s history of challenges becoming enmeshed in the estate plan.
Sometimes planning for incapacity can be more difficult than planning for death. Trusting someone to follow your choices as expressed in a Living Will or a Health Care Proxy is a big leap of faith. If your beloved spouse is not able to act during times of great stress, which is not unusual, or if you’re not sure your adult children will be able to follow your directions, having a dedicated professional overseeing your wishes is a great comfort.
After helping you to create an estate plan, Attorney Robert W. Haley will be familiar with your own unique situation. He and the attorneys at the firm will help you clarify your wishes for incapacity and commit them to paper in your estate planning documents. You’ll be able to focus on your life instead of worrying about whether or not your spouse will be able to make the tough decisions if and when the time comes.
It's very important to have your estate planning documents created and finalized with the necessary legal documents stating your choice of Executor, Power of Attorney and Health Care Proxy. You’ll also need to name at least one successor Executor, Power of Attorney and Health Care Proxy. Attorney Robert W. Haley can help you determine who should be named for a primary, successor and if necessary, even a third person to be responsible for these tasks.
If you don’t have a properly prepared will and other estate planning documents, it is possible your estate will be handed over to your heirs if there is no surviving spouse or domestic partner. If this is the last thing you would want to happen, having an estate plan created and completed with our firm is the best solution.
Attorney Robert W. Haley has the experience and is highly qualified to serve as a fiduciary. His knowledge and diligence has been recognized by the Courts, who have appointed Mr. Haley as a conservator of an estate or on occasion, as successor administrator on Probate estates where the original fiduciary has been removed.
In an effort to ensure he can provide excellent fiduciary services to his clients, Mr. Haley is currently studying to become an Accredited Investment Fiduciary (AIF). This is an advanced designation attained only by individuals who have met educational, competence, conduct and ethical standards to carry out a fiduciary standard of care and serve the best interests of their clients. Fi360 is accredited by the American National Standards Institute (ANSI) for the AIF® Designation, making the designation part of an elite group of accredited designations recognized by FINRA.
Contact us for more information.