The ASURA January 2025 seminar was titled "Planning Ahead: Estate Planning Strategies to Avoid Probate and Tackle Elder Law Challenges in Retirement. Stephanie Bivens, Esq., CELA (Certified Elder Law Attorney)  of Bivens & Associates PLLC, was the speaker. 

Ms. Bivens spoke to the goals of estate planning and then fleshed out the key components of a comprehensive estate plan. These components are:

• Health Care Power of Attorney – designates who will make medical and out-patient mental health treatment decisions when the patient is not able to communicate his/her medical treatment wishes;
• Mental Health Power of Attorney – designates who can consent to in-patient mental health treatment in a Level One behavioral hospital;
• Living Will – written instructions regarding the patient’s wishes for medical treatment;
• HIPAA Release – governs disclosure of the patient’s private medical information;
• Financial Power of Attorney – designates agents to handle financial matters for the principal;
• Last Will and Testament – appoints a Personal Representative (PR) who is responsible for administering the estate;
• Trust – 2 types of trusts, (1) revocable trusts, (2) irrevocable trusts.

The advantages of a revocable trust over just a will include probate avoidance, protection against financial exploitation of vulnerable adults, and easier lifetime and post-death administration.

Ms. Bivens also covered supportive decision-making agreements, direct beneficiary designations, personal property memorandums and tips on how to avoid probate.

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