Wills, Powers of Attorney and Advance Directives

Union County Estate Planning Lawyer

Without the right information and tools, figuring out how to divide assets and ensure that loved ones are taken care of in the event of your death can be complicated. A skilled estate lawyer can guide you through the estate planning process and advise on issues related to your health care wishes.

Nicholas A. Giuditta III, Attorney at Law, provides knowledgeable advice to help clients prepare wills, durable powers of attorney, living wills and other estate planning matters. Depending on your circumstances, we also can assist you in the creation of trusts to minimize the effect of New Jersey estate taxes on your property and other assets.

Westfield Will Attorney Who Knows Estate Law

Wills are the most common method for stating your preferences for how your estate is handled upon your death. A solidly written will helps to ensure your assets will be distributed to beneficiaries as efficiently as possible, and help minimize or avoid estate taxes. It also names the executor of your estate, and guardians or trustees for your underage children.

Despite their importance, it is estimated that at least 70 percent of people do not have valid wills. Nicholas Giuditta is a Union County estate planning attorney with more than 28 years of experience. He can provide sound advice for a number of matters related to wills, including how to select the right person to be an executor, guardian or trustee, and how to decide how much to give to each beneficiary. He also can provide information on trusts that can be used to help ensure asset protection and minimize estate tax.

Durable Power of Attorney

Through power of attorney, you can give a relative, friend or trusted adviser permission to act on your behalf. Many people have an incomplete or outdated general power of attorney which only becomes effective if you are first declared incapacitated by a court, which involves unnecessary time and expense. In response to this issue, the New Jersey legislature has recognized durable powers of attorney which are effective when they are signed by you. A properly prepared durable power of attorney is essential to protect your rights. An experienced lawyer can explain the options available with a durable power of attorney and help ensure your documents are legally effective.

At Nicholas A. Giuditta III, Attorney at Law, we have extensive experience with the complexities of durable powers of attorney. We can meet with you to discuss your situation, explain the differences between general power of attorney and durable power of attorney, and prepare documents that suit your needs.

Determining Financial Power of Attorney

Unless you modify a durable power of attorney while you are mentally capable, the document is effective from the time you sign it until your death. Because of this, it is important to choose wisely when selecting an “agent” for your durable power of attorney. Depending on the provisions of your document, this person can handle any or all of the following for you:

  • Banking transactions
  • Legal claims
  • Insurance and retirement benefits
  • Support and care payments
  • Property buying, selling and management
  • Safety deposit boxes
  • Tax returns
  • Loans
  • Medicaid planning
  • Social Security and other benefits
  • Stockholder rights
  • Trusts (as grantor or trustee)
  • Contract for services

Estate attorney Nicholas Giuditta, founder of our law firm, has the skill and know-how to help with the complexities of durable power of attorney. He can help you make an informed decision by providing information and advice on what kind of person makes a good agent.

Westfield Living Will Lawyer

Through a living will, also known as a health care directive, you can state your preferences about medical treatment in case you are unable to communicate due to permanent unconsciousness or other serious impairment. In this document, you name a health care proxy, or a representative, to make life or death decisions when you are unable to do so.

Nicholas A. Giuditta III, Attorney at Law, can provide personalized attention and advice for living wills and other elder care matters. We can discuss conditions to include in your living will, such as artificial feeding tubes, life support and pain levels, and help make sure your wishes for each are properly documented.

Experienced Union County Advance Health Care Directive Attorney

Determining who should be your health care proxy is an important decision. He or she should be someone you trust completely, who can be assertive, yet diplomatic, when advocating for your wishes with doctors or other family members. It is also vital for this representative to be aware and supportive of the choices you have made in the living will, and prepared to abide by those instructions.

The founder of our law firm, Nicholas Giuditta, is an estate lawyer with more than 28 years of experience. He can skillfully advise on your choice of a health care proxy to help you make an informed decision.

Sound Advice for Every Scenario

To schedule an initial consultation about durable power of attorney or other elder law issue, please feel free to contact us by e-mail or phone at 908.232.2300. We promptly reply to all phone calls and e-mails, usually within the same day. We serve clients throughout New Jersey from our Westfield location.

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Office Location

141 Elmer Street, Westfield, NJ 07090

Nicholas A. Giuditta, III, Attorney at Law

Phone: 908.232.2300

Fax: 908.232.9435