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Using an Experienced Estate Planning Attorney Is Key

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Unless the attorney you hire has considerable experience in addressing powers of attorney and related planning (that phrase “and related planning” is quite important), you may not get the document you specifically need. Hire a lawyer who either specializes in estate planning, or who devotes a considerable portion of his or her work time to estate planning matters.

How do you know your lawyer is not using the same Internet site you might have used to prepare forms? When we prepared a power of attorney on a well-known legal website (see discussion that follows), we received a phone call offering a special legal membership to use their forms for a discounted price. So if you hire a lawyer who is not really a specialist, he or she might be using the same website and charging you far more! So if you are going to hire a lawyer, hire a good one. Consider the following:

•Hire a lawyer licensed in your state. State laws differ, so hiring one in another state, unless that lawyer is admitted to practice in your state or works with a lawyer in your state (called co-counseling), you may not be properly served.

•Be certain that the attorney is an estate planning specialist. Inquire what percentage of the lawyer’s time is devoted to estate planning. It should be more that 50 percent—considerably more.

•Ask your CPA, broker, banker/wealth manager, real estate lawyer, and other knowledgeable professionals for recommendations. A recommendation from someone who works with estate planners on a regular basis is a good way to get information.

Powers of Attorney

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