How can we help?
We’d love to have a conversation with you. Please feel free to call, email or simply fill out the form for us to get back to you as soon as possible. While you wait, please feel free to check out some of our informational articles below!
Call: (804) 525-9924
This is one of the most common objections I hear to starting an estate plan and, to be honest, one of my least favorite to address. Not because there aren’t several very good reasons to have an estate plan regardless of your asset level (which I’ll discuss) but...
Guardian vs. Trustee: Can a family member be both?
The short answer is yes, it’s certainly possible, a family member can be both guardian and trustee. In fact, that’s presumably what you’ve been doing while raising them – protecting and caring for them like a Guardian, but also controlling finances and expenditures like a Trustee. In many cases, nominating one person or couple to serve as your child’s Guardian and Trustee will simplify the process. It’s a rare combination (for reasons that will soon become clear) but there are certainly individuals who could excel in both roles.
A closer look at the language of many Durable Powers of Attorney reveals something interesting: although the document survives incapacitation, it doesn’t require incapacitation.