Everyone Should Have A Living Will And A Healthcare Power of Attorey

I recently published a blog post on the importance of having a will. On a related note, I feel that it is just as important to remind everyone that you should also have a healthcare power of attorney and a living will. Below I will explain in basic terms what the two documents are and why you should have them in place.

A healthcare power of attorney, also known as a durable power of attorney for health care decisions (or choices), allows you to appoint an individual to make healthcare decisions for you if you are unable to make or communicate your own wishes. It will also allow you to express your desire to be an organ and/or tissue donor if you choose to do so. You may also use this document to appoint a back-up individual(s) to make your healthcare decisions for you if the first individual cannot serve as your agent for any reason.

A living will declaration, also known as a healthcare choices directive, allows you to express your healthcare desires if you are unable to communicate them. This document is most commonly used to express your desire to not have your dying artificially prolonged. Specifically, it often states that if you have an incurable injury, disease, or illness certified to be a terminal condition by two (or one) physician(s) who have personally examined you, and the physicians have determined that your death will occur whether or not life-sustaining procedures are utilized and where the application of life-sustaining procedures would serve only to artificially prolong the dying process, you would direct that such procedures be withheld or withdrawn, and that you be permitted to die naturally with only the administration of medication or the performance of any medical procedure deemed necessary to provide you with comfort care. You may also direct that specifically listed treatments be withheld or withdrawn.

Everyone should have both a healthcare power of attorney and a living will in place. A healthcare power of attorney will allow you to appoint an individual or individuals to make your healthcare decisions for you if you are unable to do so and a living will allows you to express your wishes in written format.

I have significant experience in preparing both of these documents for individuals in Kansas and Missouri. I can prepare both of these documents for you at a low, flat fee and I offer a free initial consultation. Please leave any questions or comments below.

Everyone Needs A Will

I am aware that this blog is titled Kansas City Bankruptcy Attorney Blog, however there other legal topics of importance that I will discuss in this forum from time to time. I am always suprised to hear how many people have never had a will drafted, even if they have spouses and/or children. If you own a home, a car, or have a bank account you should have a will, especially if you have a spouse and/or children.

You may not know that if you do not have a will most of your assets will pass to your statutory heirs through a process known as "intestate succession". For example, in Kansas if you are married with children and do not have a will, half of your property will automatically pass to your spouse, while the other half will automatically be passed to your children. If you do not have a living spouse or living children, Kansas law would then pass the property to other more distant relatives.

If you do not have any heirs in Kansas, your property would revert to the state of Kansas. Additionally, if you live in Kansas and do not have a will, the Court will decide who administers your estate (also known as the executor or personal representative) and who would serve as the guardian of any minor children you may have at the time of your death. Even if you do have a will you will need to ensure that it provides for whom you desire to appoint as the guardian of your minor children if you were to pass away.

I have significant experience drafting wills and would be more than happy to meet with you for a free initial consultation. I can ensure that your assets go to who you want them to go to and that any minor children you may have are taken care of by your selected guardian(s). I am able to draft wills in both Kansas and Missouri. Even if you already have a will, I recommend it be reviewed if there have been changes in your family, finances, state of residence, or your intentions. Please leave any questions or comments below or on my contact form.

Can You Buy A Car Before Filing Bankruptcy?

Last week I posted about whether you can transfer a car title before filing bankruptcy. On a related note, many clients often inquire if they can purchase a new car before filing bankruptcy, thus incurring new debt right before filing bankruptcy. As a bankruptcy attorney I am prohibited from advising clients to incur new debt before filing bankruptcy. However, bankruptcy attorneys are allowed to help their clients with exemption planning to ensure that all potential bankruptcy exemptions are taken advantage of.

Specifically, Section 526(a)(4) of the bankruptcy code prohibits a debt relief agency (which includes bankruptcy attorneys) only from advising a debtor to incur more debt because the debtor is filing for bankruptcy, rather than for a valid purpose. In my opinion, I would say that whether you can purchase a new car on the eve of filing bankruptcy depends on whether a new car is a necessity.

If an individual filing bankruptcy is purchasing a new car just prior to bankruptcy in order to obtain better credit terms or to ensure financing, I would suggest against it as the case may be dismissed or a discharge may not be granted. On the same note, I would not advise a client to purchase a new car and assume car payments in order to satisfy the means test to qualify for Chapter 7 bankruptcy.

However, if an individual filing bankruptcy does not have a car or their current car requires extensive repairs or is high-mileage, I would suggest that purchasing a new car shortly before filing bankruptcy would be acceptable if the car is a necessity for transportation to work and/or school, etc., which would be a "valid purpose" in my opinion.

Each individual's situation is unique. Therefore, I would suggest you consult with a bankruptcy attorney. I offer a free initial consultation and can help you file bankruptcy in Kansas or Missouri. Any questions or comments are welcome. Thanks for reading!

Can You Transfer A Car Title Before Filing Bankrupty?

As you may or may not know, each debtor is only entitled to exempt one vehicle when filing for bankruptcy. Therefore, many bankruptcy filers that own more than one vehicle per debtor inquire if they can transfer title to their vehicle to a non-debtor prior to filing bankruptcy. Is this a fradulent transfer of a non-exempt asset to a third party? Is this a fraudulent conversion of a non-exempt asset to an exempt asset? Or is this lawful pre-bankruptcy planning to maximize available exemptions?

The answer is, it depends where you are filing bankruptcy, who the bankruptcy trustee is, what the value of the vehicle is, and when the transfer is made. Bankruptcy law permits pre-bankruptcy planning to take advantage of exemptions. I would advise that in most situations, pre-bankruptcy planning to transfer the title of a car to another family member, especially if the primary driver of the vehicle is already a spouse or a child, is proper if fully disclosed prior to the 341 Meeting of Creditors.

However, every situation is different. I recommend that you consult with a bankruptcy attorney to discuss the details of your specific situation. I offer a free initial consultation and can help you file bankruptcy in Kansas or Missouri. Please leave any questions or comments below.