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I.
Overview of financial and legal protections
A.
Finances/Property
1. Ways of
owning property and handling finances
2. Ways to provide
for your loved ones in case of death
3. Ways to protect
yourself in case of incompetence or disability
B.
Medical
1. Choose a
person to make medical decisions for you if you cannot
2. Medical
insurance
C.
Children
1.
Providing for support of children during your lifetime and after death
2. Insuring that
co-parent or other designated person can make decisions and/or get
custody
3. Defacto
parent
D.
Adoption
1. Rights
and obligations
2. Waiver of home
study and notice
3. How to and how
long
II. Owning property
together
A. Real
estate
1. Form of
ownership
a. Joint
tenants with right of survivorship
b. Tenants in
common
c. Estate
planning considerations
2.
Agreements
a.
Clarify intent
b. Ownership
shares different from title
c. Tax
considerations
d. End
relationship vs. death
B. Bank accounts
(and other tangible property)
1. Joint
with right of survivorship
2. In trust
for
III. In case of
death
A.
Wills
1. Choose
who gets your property
2. Name guardian
and trustee for children
3. Estate
planning
4. Charitable
gifts
B. Property not
controlled by wills
1. Life
insurance
2. Pensions and
retirement plans
3. Jointly held
property with right of survivorship
4. Tax
considerations
C. Trusts
1. For tax
planning and/or for children
2.
Purpose
3.
Advantages
4. Not always a
good idea
D. Burial
instructions
IV. In case of
disability
A. Durable
power of attorney
1.
Effective upon disability
2. Medical
decisions
3. Visits in
hospital
4. Nominate
conservator/guardian
5. Provisions for
children
B. Power of attorney
can also be effective immediately
1. When
travel
2. Business
purposes
3. More broad than
recognized rights of spouses
V. Relationship
contracts
A. Types of
agreements
1. Living
together agreements
2. Property
agreements
3. Co-parenting
agreements
4. Agreements with
fathers/donors
B.
Purposes
1. Clarify
intent
2. In case of
break-up
3. Binding as to
property
4. Enforceability
of provisions re: children
C. Designating
"non-legal" parent to care for child
1. Medical
and other authorizations
2. Power of
attorney
3.
Guardianship
a.
Disability
b.
Death
VI.
Dispute Resolution
A.
Methods
1.
Court
2.
Arbitration
3.
Mediation
4.
Therapy
B.
Considerations
1.
Expense
2. Sensitivity of
issues
3. Physical safety
and violence |
