LEGAL MUST-DOS

Whether it’s for fun or business, most of us hit the road at some point. But before you jet off, consider these legal must-dos – especially if children are involved.

Not only do parents and legal guardians need to ensure their children are being taken care of while they’re away, but they also need to put safeguards in place for what might happen if tragedy strikes. It may seem like an overwhelming task, but, after planning, it doesn’t have to be.

The same can be said for grandparents. Before traveling, ensuring their own affairs – and that their adult children or other loved ones are informed about those plans – is vital.

“Having a plan can bring peace of mind knowing that your wishes are documented and will be carried out,” said Elinore R. Young, attorney at Fortson, Bentley and Griffin, P.A. “An estate plan benefits a person’s family as well, because they know what those final wishes are. Your family will not have to guess, and you can empower them to act more quickly and effectively.”

“At a minimum, all estate plans should include a last will and testament, a financial power of attorney and an advance directive for health care,” Young said. “The last will and testament will give instructions for how to manage and distribute your property after your death.

A financial power of attorney allows you to name someone to manage your finances for you in the event you are living but unable or unwilling to do so. An advance directive for health care allows you to name someone to make medical decisions for you in the event you are unable to communicate those decisions yourself. Depending on the circumstances, a trust is also important for avoiding probate or planning for disability.”

You’ll also need to name an executor in your last will and testament. (Be sure to ask them ahead of time if they are willing to take that role. They aren’t required to serve just because you name them in your will).

“The same applies to a financial power of attorney and health care agent under an advance directive for health care,” said Young. “The agent named on these documents to make decisions for you should know of their role and understand your wishes.”

For parents and legal guardians, they can – and should – designate who should have physical custody of their children in the event of their death.

According to Young, parents and legal guardians also have the ability to designate who should control the funds from that person’s estate for the benefit of those children.

“Generally this is accomplished by naming a guardian and a trustee. The guardian handles physical care while a trustee manages money. These do not have to be the same person. It is important to have an estate plan that outlines your wishes in this regard rather than leaving these matters to a court to decide,” Young said.

How do you know who to choose as your executor, power of attorney and health care agent? Look for someone in your life who is responsible and trustworthy. Having someone good with finances is also important. These individuals do not have to live in Georgia, so you could choose someone out of state.

“Proximity may be helpful, but it’s not as important as choosing someone who is responsible and trustworthy,” Young said. “Note that banks and trust companies can serve as trustee or executor and can be a good option for someone who does not know an individual suited to the role.”

When it comes to choosing an attorney, find someone who specializes in estate planning and has experience drafting wills, trusts and powers of attorney. An attorney who also has experience in estate and trust administration will be able to guide your executor or trustee through the process when that time comes.

“I suggest keeping the documents in a safe place where your executor or agent can access them if needed,” Young said. “Disseminating the documents can be helpful in ensuring everyone is on the same page and there are no surprises, but you may not want to share the documents if your wishes might change in the future. The decision of how much to share and when depends on your personal family situation.”

Detailed instructions are key, she added.

“Tell someone where you are keeping the documents, especially if it’s not an obvious place. In addition, I recommend keeping detailed instructions in a separate document that you keep with your will to make the executor’s job as easy as possible. Things to include are a list of all your accounts and account numbers, advisors and important contacts, and passwords. You can also leave instructions for funeral preferences. This document would not be part of the will, so it is easy to update if needed and will make estate administration much easier for the executor.”

So, whether you’re traveling or have loved ones traveling – have a plan in place before it’s needed.

“Starting the conversation early takes some of the pressure off and makes the process less stressful,” Young said. “Waiting until the plan is needed is sometimes too late.”

Before meeting with an attorney, it is helpful to have a general idea of who you want to benefit and how much, as well as who you want to handle matters for you upon death or disability. An attorney will document your wishes and ensure that they are enforceable, but these wishes are very personal.

Some questions to think about:

• Do you wish to make any contributions to friends, relatives or charities?

• Do any of your intended beneficiaries have problems or disabilities that require special attention?

• Who would you want to inherit your property if all of your children or grandchildren were deceased?

What, exactly, is inspired living?

It’s a calendar dotted with goings and doings. It’s trying new things. Making the most of every day. It’s a dedication to wellness. It’s having good friends. Being a good friend. Laughing a lot. It’s looking ahead with purpose and optimism and confidence. In short, inspired living is living at Wesley Woods of Athens.

By Carlie McMann

“I’ve got relationships from kindergarten all the way up to the fifth grade.”

Frances Thomas is not only a familiar face in her classroom, but also an adopted grandma to many students throughout her school. For two years, she has been helping in a second-grade classroom looking after fifteen children throughout the school day as a beloved volunteer for ACCA’s Foster Grandparent Program. Her main role is supporting students who are struggling academically or otherwise labeled “problem kids,” but she sees these children differently.

“I don’t think I’ve ever had a kid that I can’t commit to or get along with. They’re all wonderful,” said Thomas.“You don’t know what challenges they had before they came into school that day. [Sometimes] they’ve had a bad day and can’t catch a break, but with us, they get a chance to talk it out.

“I always want them to feel comfortable and free to ask for help. I feel really good about what we’re doing.”

She loves the friendships she’s made with both her students and other children in the school.

“I help in a second-grade classroom, but my kindergarteners, they’ll come up and give me high fives. And you know, I’m the type of person that likes to reward good behavior. So, I tell them that they have to stand in a straight line in the halls all week long. Then, on some Fridays, I like to surprise them with cookies. They remember those cookies, and they remember me. When they see me around the school, they still say thank you,”said Thomas.

She also takes pride in her students’ progress. Whether it’s assisting with reading skills, math exercises or just being a kind listener, Thomas –and all Foster Grandparents – give individualized attention to help students thrive academically and personally.

“When I first started with my second graders, they were on a kindergarten level. They couldn’t read, and it was hard for me to figure out what they were trying to write. But, we worked on it together. Now, they’re practicing cursive at home and at their reading level. That’s a huge accomplishment for me,” said Thomas.

Despite Thomas’s fulfilling experience, schools still struggle to find Foster Grandparents.

“Foster Grandparents are really needed. If people would come inside and just take the time to get to know these kids, they would see how great it is,” said Thomas.

“The love and compassion of these kids, that’s the best part of this. They just want to hug you and love you. They will make you laugh and cry. It feels good when they come in and call me grandma. I want them to consider me as an extra grandma”.

At the end of the day, Thomas’s main goal is to make these children feel loved and known.

“I think the most important part of being a Foster Grandparent is just knowing that they know someone here cares about them and is concerned about their future,” she said.

Interested in volunteering?

Scan the QR code or contact Ezra Schley at eschley@accaging.org.