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Elder Law and Estate Planning Attorney for Elkhart, Goshen, Mishawaka, South Bend, LaGrange County and surrounding area

Sometimes there is no perfect answer in working to protect assets. We are fortunate to have several methods and tools available. An experienced Elkhart elder planning attorney can guide you through these tools and help determine the best course of action.

At the law office of Paul D. Eash, we understand that seniors in our society face several challenges. We find it helpful to address challenges in the present by drafting thorough and effective documents for protection.

Whether you have a family member that you wish to protect or if you fear becoming incapacitated, we encourage you to schedule a consultation with our office. There are several tools at your disposal, including:

  • Power of attorney: This document gives a person of your choosing, rather than the court's, the right to make decisions on your behalf in the event that you become incapacitated. The agreement can take effect immediately, or only under certain conditions, and allows for as many or as few powers as you wish. By assigning a power of attorney, transactions are easier and more cost-efficient.
  • Living will: When you are no longer able to express your intention with regards to life-prolonging procedures, this document may express your intent for you. A living will is effective if you become terminally ill and will die in a short period of time without artificial life prolonging procedures. Creating a living will gives you the opportunity to spell out your intentions in many different types of situations. An experienced attorney can work with you to ensure your intentions are thorough and clearly described.
  • Health care representative appointment: This is a written appointment that you make of an individual of your choosing who can make medical care decisions for you should you become unable to make such decisions on your own behalf due to your health condition.
  • Probate: Probate is the legal process of implementing your will in court after you die. Even if an individual does not leave a will, their estate will still be processed in the probate courts.
  • Will: A will is an essential document that you create to control whom will receive your property, guardianship of your children and management of your estate upon your death. If a will is not created, the courts will determine who will gain guardianship of your children and how your estate will be divided among your survivors. Preparing a will ahead of time gives you control over your estate and can protect your family from a prolonged dispute.
  • Living trusts: For some individuals, the living trust can be the single most important tool the can create. A living trust is a legal document that allows you to gather all of your significant property into one place and assign a trustee, usually yourself or a trusted individual. During your lifetime, you maintain complete control of the trust and the assets held in the trust, and also retain the use of any income and principal from the assets. You are free to transfer assets in or out, or to change any of the details of the trust at any time. Contact our firm to learn more about the benefits of creating a living trust.

Contact the Firm

If you have questions regarding planning for senior related issues, contact a lawyer at the law office of Paul D. Eash to schedule an appointment. We are open from 8 a.m. to 5 p.m. and are available for home, hospital or nursing home visits when absolutely necessary. We accept MasterCard, Visa and Discover for payment of most services. Se habla español.