Basic Estate Plans
Simple Wills also known as Statutory Wills are best for those who do not need extensive tax planning or trusts and where all of the beneficiaries are competent adults, charities, or corporations.
In addition to a simple will the basic estate plan can include a Lady Bird deed, power of attorney, and durable power of attorney for health care documents.
Lady Bird Deeds give the grantor (owner) a life estate in the property and transfer the real estate at the time the grantor passes to the stated grantee (beneficiary) if the grantor has not sold the property during their lifetime.
Power of Attorney appoints an adult who can make decisions for or pay bills for another. This is most commonly used where an individual either is unable to make decisions due to medical reasons or because they cannot physically be present to sign required documents. This can also be used to provide authority to an adult such as a grandparent who may spend a lot of time caring for their grandchildren, letting them speak with school personnel, doctors, etc.
Durable Power of Attorney For Health Care designates an individual who an individual trusts to make life and death decisions for them if they are unable to do so for themselves.
If the Children’s Protective Services (CPS) department of the Michigan Department of Health and Human Services (MDHHS) receives a complaint of child abuse or neglect ,CPS will investigate it. They may determine there are no grounds for concern, that in-home services would be beneficial, or that it is necessary to file a petition with the court and request removal of the children from the home.
If the petition is authorized, the parent may request a court appointed attorney and complete the financial statement requested by the court. The parent may also hire a private attorney to represent them in the case. An attorney will also be appointed as the Lawyer – Guardian ad Litem for the children to ensure their best interests are being met throughout the case.
Larissa Waltman has represented both parents and children in child protection cases. If you do not qualify for court appointed counsel or prefer to hire private counsel, please contact the office for a consultation.
Additional information about the Michigan Department of Health and Human Services and Children’s Protective Services can be found at the following link: MDHHS – Children’s Protective Services.