Browsing by Author "Akers, Georgia"
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Item “Mind”ing Your Business: Estate Planning Documents and the Levels of Capacity Required for Execution(Texas Tech Estate Planning & Community Property Journal, 2010) Akers, GeorgiaExplores the various documents used in pre-death and post-death estate planning and what level of capacity is necessary to execute such documents. Documents such as powers of attorney for health care and durable powers of attorney are the most common documents utilized in pre-death estate planning. Post-death estate planning includes wills and trusts. Clients that execute these documents with the assistance of a probate attorney ensure that their life can continue as they would want even if dementia affects them at a later date. These documents place the management of their body and estate in their control as opposed to a court-controlled management program in the form of a guardianship. If a person is in the early stages of dementia, estate planning may still be possible depending upon the type of dementia a person has and what type of documents are being considered for signing.Item On Death and Dying: Counseling the Terminally Ill Client and the Loved Ones Left Behind(Estate Planning & Community Property Law Journal, 2008) Akers, GeorgiaTerminally ill clients go through psychological stages of dying, and each stage may have an impact on estate planning. Clients may also ask for unusual legal advice that is not normally what attorneys encounter. This comment argues that lawyers who draft estate planning documents need to be aware of these stages and be prepared for requests for unusual advice. After the death of the client, estate attorneys are faced with assisting the family with the management of the estate. This article discusses the implications of DNRs, Hospice, Social Security, Disability, Widows’ Gap, Medicare, Pain Management, and more to help facilitate the transition of the client and their family at the time of their loved one’s death.