Posts tagged ‘power of attorney’

January 24, 2013

Tools Available to Plan Your Estate

For anyone considering estate planning, we offer several documents to accomplish common goals of the estate. The information below provides explanations of each of our estate planning documents. For a free consultation about these documents and other common estate planning tools, contact us at (623)551-9366.

WILL: AKA “Last Will and Testament.” The will or simple will is the document that allows a person (referred to as the testator/trix) to choose where his or her assets go upon your death. The will allows parents of minor children to appoint a guardian and trustee for those children if he or she in

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October 30, 2012

Do I Need an Estate Plan?

Some people hear the term, “estate planning,” and believe it does not apply to them because they only have modest assets, if any. In the legal sense, however, an estate planning consultation will include planning for not only the distribution of assets, but also the healthcare, mental healthcare, and the future well being of the person. Estate Planning refers much more than a person’s financial portfolio. In fact, whether your finances and possessions are modest or you have hundreds of thousands of dollars, you have an Estate and need to plan for its management.

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January 11, 2011

Resolution: Be Prepared

In today’s world, what age is considered “elderly’?  A person’s real age continues to climb as people live longer, life styles have more options, and new opportunities for both work and recreation come along.  The stereotype of the elderly with white hair, staying at home, becoming easily confused, and having trouble getting around may not fit any more.  However, regardless of age, anyone can become sick, be injured, or die unexpectedly.

This raises the question of what a person –of any age-needs to do to prepare for these possible events?  We should be asking ourselves what legal documents are necessary.  Do I need to have a lawyer to prepare these documents or can I do it myself?  With a slow economy, what are the costs for doing all of this?  Can a document really protect my assets?  And what is all of this talk about Long Term Care?

We make New Year’s resolutions to exercise more or to make better food choices.  We decide to get our house “in order” physically, but what about getting our life in order for our future and that of our family. This year make your resolution to have the proper documents prepared to protect yourself, your assets, and your loved ones.  This means that you will want to learn the difference between a will and a trust.  Plus while you are mentally competent, you will want to state your instructions for the way you want your estate to be handled-not the courts!  Also you do need to think about appointing someone to have Power of Attorney for both your health care and your financial decisions.

The Carroll Law Firm is skilled in helping people plan for their future.  Thinking about all of the things that are really important in your life, what is more crucial than taking the time to plan for your wishes to be put into legal binding documents?  Taking care of your body and becoming fit this year is a good goal; but an even better one is to make an appointment now to discuss with a professional your options for planning for your future not only for yourself but for your family.  This can ensure you a Happy New Year and happy years to come.

January 3, 2011

Choosing a Fiduciary

We live in a time when advances in medical care have greatly enhanced the life expectancy of the average American.  As more and more of us live into our eighties and beyond, the likelihood that we will need the assistance of someone to help us with our healthcare and financial decisions increases dramatically.  Too often individuals do not plan in advance how they want their affairs handled in the event they are incapable of managing on their own, and the result may be that a Court ends up appointing a third party fiduciary who is given the legal authority to determine what is in the best interest of the incapacitated individual.  What that means is that, if you fail to plan properly, someone that you do not know may have the power to move you from your home to a nursing home or other facility, spend your entire financial resources on what they deem is in your best interest, and leaving you powerless to determine your own healthcare and your own expenditures.

By definition, a fiduciary is someone who has undertaken to act on behalf of another in a particular matter in circumstances that give rise to a relationship of trust and confidence.  For the past year, the Arizona Republic has run a series of articles detailing abuses of the supposed “trust relationship” between court appointed fiduciaries and the individual they are appointed to represent.  The articles have detailed the “cozy relationship” between attorneys, healthcare providers, private fiduciaries, and facilities that care for the physically and/or mentally incapacitated.  Although in many cases the appointment of a fiduciary is necessary, the appointment of a third party that is not a family member can become an extremely expensive process.  The best way to avoid negative consequences associated with the appointment of a third party fiduciary is to execute the proper legal documents including Business Power of Attorney, Healthcare Power of Attorney, a Will, and in many cases a Trust.  These documents allow you to name the person and alternate that you feel would best manage your financial and healthcare needs.  You can set limitations and dictate parameters to ensure your wishes are carried out.

We have clients coming in almost every week that have an elderly relative who has reached a point where they are incapable of managing their own affairs.  In many instances the relative is not aware that they are “slipping”, i.e., experiencing early signs of dimentia.  If that individual has not executed the recommended documents while they were competent, it may be necessary to file a legal action to have a conservator appointed.  That process can be expensive and time consuming, especially if the family members disagree as to who should be “in charge”.  The key to protect your interests and assets is to make the necessary decisions before you reach a point that someone else has to make those decisions for you.  Just give careful thought as to whom you want to be your fiduciary since you are literally putting your life in his or her hands.

December 1, 2010

The Carroll Law Firm Provides Hope 4 Kids This Holiday Season

The Carroll Law Firm PLC will be donating 10% of all proceeds from Wills, Business Power of Attorney, Healthcare Power of Attorney, and Living Wills from now through New Year’s Day to Hope 4 Kids, International.  Hope 4 Kids International is a charity committed to serving impoverished children across the world by leading teams on mission trips, equipped with essential medical and dental supplies and other provisions. Hope 4 Kids strives to bring hope and necessary care to kids through dignity, health, joy and love. This holiday season, the Carroll Law Firm PLC is working to help needy children across the world by donating a portion of their earnings to this worthy cause.

The proceeds that we will be donating from just one Will can provide a child with a life-saving mosquito net in Africa. Proceeds donated from two of our estate planning documents can provide a child with shoes, provide medical care to 24 children, give a Romanian child a warm new coat, deliver a food basket to a family in Peru, or deliver school supplies to children in Africa.

If you or someone you know is in need of any of these essential estate planning documents, please consider coming in during this holiday season to have our attorneys prepare them. The cost of each document is $125. These documents provide protection for your family, as well as much needed help to children across the world. Call (623)551-9366 at any time to set up an appointment.

Find out more about Hope 4 Kids International by visiting their website at
If you wish to learn more about our law firm, please visit our website at