Complex Trusts, Wills, Powers of Attorney, & Healthcare Advance Directives

Trusts
Carlin & Associates, P.A., has expertise in drafting a variety of trusts, including:

• Tax-Planning Trusts. These trusts are effective tax-savings devices for a married couple with a combined estate of more than the federal and/or state applicable exclusion amount. It ensures that both spouses use their full exemption while also allowing the surviving spouse access to the estate.
• Trusts for the Disabled. These trusts are designed to allow an individual to retain his eligibility for the public benefits and still enjoy the benefit of the assets in the trust. The assets in the trust may be used to pay for items and services not covered by public benefits.
• Minor's Trusts. These trusts can be used to hold assets for a child who has not yet reached the age of majority. The provisions governing these trusts, such as the age upon which the trust terminates, are flexible and can be tailored to the needs of the individual beneficiary.
• Camp Trust. These trusts are specifically designed with the family camp in mind. In Maine, many family camps have been passed down from generation to generation. A Family Camp Trust can name family members as beneficiaries, allowing the family to enjoy the camp while ensuring that the property is protected and will remain in the family for future generations.

Wills
If you do not have a Will when you pass away, any assets held in your name alone will be distributed in accordance with the Maine laws of intestacy. This may or may not reflect your wishes regarding the disposition of your estate. Carlin & Associates, P.A., can assist you with assessing your estate and with drafting a Will that is specifically tailored to your needs. There are many benefits to drafting a Will, including:

• Directing the distribution of assets that you hold in your name alone, and ensuring that assets are titled correctly so that they are not distributed contrary to the terms of your Will.
• Providing for a disabled individual by setting up a special needs trust.
• Nominating a guardian and/or conservator for a disabled individual or minor.
• Nominating a personal representative in the Will who will be responsible for administering your estate.

Powers of Attorney/ Healthcare Advance Directives
A financial power of attorney allows you to name an agent who has the legal authority to manage your finances and assets in the event that you are unable to do so. An advanced health care directive (medical power of attorney) allows you to name an agent who will be responsible for making health care decisions as well as make sure that your wishes are carried out regarding a variety of life decisions, such as artificial nutrition and hydration, funeral arrangements, life support, etc.