• Nicolas Grimwood, Esq.

Don’t Risk it: Protect Your Finances From Coronavirus Complications


Many Americans spend a lot of time and effort in managing their finances. While most are worried about how the coronavirus (COVID-19) will impact their income—whether that’s because they are temporarily furloughed, find themselves suddenly without a job, or watching their investment and retirement accounts dwindle—there is another way COVID-19 can wreak havoc on Americans' finances: lack of incapacity planning.

As the coronavirus continues to expand across the country, thousands of Americans are unable to carry out normal financial responsibilities because they are too ill, or they are stuck abroad and unable to travel home, or from a lack of resources due to being isolated at home.



While feeling healthy, individuals should plan ahead now and ensure that someone will take care of their financial duties by setting up a Financial Power of Attorney. This important legal document will not only protect your finances should you fall ill from COVID-19 but also from any events that might leave you incapacitated, like an injury or accident.


Financial Power of Attorney: What is it?



A Financial Power of Attorney (FPA) allows you to select a trusted family member or friend who will be responsible for managing your money and other property if you become mentally incapacitated (unable to make your own decisions) due to illness or injury. Without this document, bills won’t get paid, tax returns won’t be filed, bank and investment accounts held in your name will become inaccessible, retirement distributions can’t be requested, and property can’t be bought, sold, or managed.

What happens if I don’t have one and I get sick?



If you get sick and are unable to make or communicate your financial decisions and don’t have an updated FPA in place, a judge can appoint someone to take control of your assets and make all personal and medical decisions for you through a court-supervised guardianship or conservatorship.



Why would a court do that?—You may ask. As an adult, no one is automatically able to act for you, you must legally appoint them through the use of an FPA. Without it, you and your loved ones could lose valuable time, money, and control.



WORD OF CAUTION: Don’t think you’re protected just because your assets are held jointly with your spouse, child, or family member. Here are three reasons why you shouldn’t rely on joint ownership:



1. Limited power. While a joint account holder may be able to access your bank account to pay bills or access your brokerage account to manage investments, a joint owner of real estate will not be able to mortgage or sell the property without the consent of all other owners.



2. Tax liability. By adding a family member’s name to your accounts or real estate titles you might be saddling them with gift tax liability.



3. Property seizure. You read that correctly. If your joint owner is sued then your property could be seized in order to pay their debt.



4. Medicaid disqualification. Putting a loved one’s name on a joint bank account or property title can disqualify them from receiving government benefits, such as Medicaid.



Only a comprehensive incapacity plan will protect you and your assets from a court-supervised guardianship or conservatorship and the misdeeds of your joint owners. Don't rely on joint ownership as your plan, it's simply too risky and unreliable.



Already got one?

Chances are it may be outdated.



An FPA can become “stale” in as little as a few years. This is because many institutions don’t want to rely on outdated documents. Depending on your circumstances, a stale, obsolete power of attorney may not be able to help you and your family with insurance contracts, retirement plans, banking and investment accounts, online personal accounts such as email, Facebook, Instagram and LinkedIn, and elder care and special needs planning.



If it’s been more than a year or two since you’ve signed your power of attorney, it might be time for a fresh one. Call us! We can help make sure you and your family are fully protected by helping you determine:

  • Who would be the best choice for this responsibility,

  • How much authority you should give your financial agent, and

  • When to make your power of attorney become effective.

Regardless of your priorities, there is a financial power of attorney right for your situation and goals. Determine your specific needs while you are of sound mind. Of course, nothing tops the advice and recommendations of an attorney experienced in these matters. If you are wavering between your options, please give us a call.




Disclaimer: This article is intended for informational purposes only and is not intended to be construed as legal advice. The choice of a lawyer is an important decision and should not be based solely upon advertisements.


Fenton & Grimwood is Branson, Missouri's leading law firm in the areas of estate planning, business and real estate. 

We take great pride in our reputation for honesty, integrity and dependability in all that we do.

 

Fenton & Grimwood, Attorneys at Law, LLC is located in Branson, MO and serves clients in and around the Ozarks, including such areas as Forsyth, Kirbyville, Hollister, Rockaway Beach, Taneyville, Walnut Shade, Branson West, Ridgedale, Blue Eye, Kimberling City, Galena and Taney, Stone and Christian Counties.

 

We are a full service estate planning, business law and real estate practice with lawyers able to provide comprehensive planning in the areas of wills, trusts, powers of attorney, probate and trust administration, probate avoidance planning, revocable trusts, long-term care planning, wealth protection, special needs trusts, business succession, charitable planning and estate tax planning. Additionally, we can provide assistance with NFA Gun Trusts, business entity formation, articles of incorporation/organization, operating and partnership agreements, contracts, promissory notes, guaranties and deeds of trust assignments and assumptions, purchase or sale of businesses and business assets, deeds, easements, liens, quiet title actions, leases and  purchase or sale of real property.

Disclaimer: This website is for informational purposes only and the use thereof does not create an attorney-client relationship. The choice of an attorney is an important decision and should not be based solely upon advertisements.​

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