No one wants to think about the possibility of becoming incapacitated or the inevitable reality of death—but failing to plan can leave your family unprepared and your personal wishes ignored. Estate planning is more than just writing a will; it’s about protecting your future, your assets, and your dignity while ensuring that your decisions are respected if you can’t make them yourself.
At Plunkett, Hamilton, Manton & Graves, LLP, we help individuals and families in Augusta, GA, prepare for life’s uncertainties through thoughtful, thorough estate planning.
Why Estate Planning Matters
Estate planning isn’t only for the wealthy. It’s for anyone who wants to make sure their property, healthcare decisions, and family are protected if they become unable to manage their own affairs.
Without an estate plan:
- The state, not you, decides who inherits your property.
- Your family may face costly, stressful legal proceedings.
- Your healthcare decisions may be left to others without clear guidance.
- Your children or dependents may not be cared for by the people you trust.
Estate planning gives you control over these critical matters before a crisis happens.
Planning for Incapacity
One of the most overlooked aspects of estate planning is preparing for the possibility of mental or physical incapacity due to illness, injury, or aging. If you become unable to communicate or make decisions, certain legal documents ensure that your preferences are honored and that someone you trust can manage your affairs.
Living Will
A living will, also known as an advance healthcare directive, spells out your wishes regarding life-sustaining treatment, resuscitation, and end-of-life care. This document removes the burden of decision-making from your loved ones and healthcare providers.
Advance Healthcare Directive
Georgia’s Advance Directive for Healthcare combines elements of a living will and healthcare power of attorney. It allows you to name a trusted person to make medical decisions on your behalf and specify your treatment preferences.
Durable Power of Attorney
This document allows you to appoint someone to manage your financial and legal affairs if you become incapacitated. Without a power of attorney, your family may have to go to court to gain control over your finances.
Guardianships and Conservatorships
If no advance directives are in place, your family may need to petition the court for guardianship (to manage your personal care) and conservatorship (to manage your finances). This process can be lengthy, expensive, and emotionally difficult.
Protecting Your Assets and Legacy
In addition to planning for incapacity, creating a Last Will and Testament ensures that your estate is distributed according to your wishes. You can designate beneficiaries, name guardians for minor children, and appoint an executor to handle your affairs.
Without a valid will in Georgia, state law determines how your assets are divided—a process that may not align with your intentions.
Secure Your Future with Professional Guidance
At Plunkett, Hamilton, Manton & Graves, LLP, we believe estate planning is an act of love and responsibility. Our experienced attorneys can help you create a comprehensive plan that protects your future, your assets, and your dignity. Contact us today at our office in Augusta, GA, to get started.
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