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Incapacity Planning

Thursday, April 2, 2020

COVID 19 (Coronavirus), Your Family Needs a Plan, Part 4. Get a Health Care Directive


A Minnesota Estate Planning Attorney Explains Why You Must Get a Health Care Directive NOW!

You can’t do everything to protect yourself or your family from the global pandemic created by coronavirus / COVID 19. But, there are some steps you can take to offer some guidance and assistance to others.

Get a health care directive now!

As you may know, hospitals and care facilities are being overrun and are overcrowded. They are now having to ban anyone but the patient from entering. More senior care and living facilities are locking down to ban anyone but staff from entering.


Read more . . .


Wednesday, March 4, 2020

Coronavirus / COVID 19: Your Family Needs a Plan, Part 1

A Minnesota Estate Planning Attorney Explains that Estate Planning is Always Important: Not Just During Global Scares

You can’t open any news course, or social media platform, without being inundated with news, rumors, pictures or stories about coronavirus. In fact, I’ve had several clients reach out to me to discuss their estate plans given the fear of incapacity or death.

Given the relatively early stages of the coronavirus, it’s difficult to predict the long-term impacts it will have on us.  While I can’t offer much in the way of medical guidance, as an estate and trust attorney, I can discuss the ways in which you can prepare your family for any legal ramifications if someone is sick or worse.

So far, it appears that most of the deaths linked to coronavirus are for people who are over the age of 60.


Read more . . .


Wednesday, December 6, 2017

Assisting Your Aging Parents, Part I: Avoiding Guardianship and Conservatorships

Guardianships & Conservatorships and How to Avoid Them

If a person becomes mentally or physically incapacitated to a point where they can no longer make rational decisions about their person or their finances, their loved ones may consider a guardianship or a conservatorship whereby a guardian would make decisions concerning the physical person of the disabled individual, and conservators make decisions about the finances.


Read more . . .


Tuesday, June 6, 2017

Should You Add Someone Else to Your Bank Account?


A Minnesota Estate Planning Lawyer Explains Why This May Not Be Achieve Your Goals 

I recently met with a client who informed me that her daughter had financial power over her matters.  ”You mean she has a power of attorney?” I inquired.

She responded that “No.  She has signing authority on my accounts.”

After several more questions I discovered that her child was a joint account holder on mom’s checking and savings accounts.


Read more . . .


Thursday, March 3, 2016

You Need an Estate Plan!


It is a startling, though not surprising, fact that an overwhelming number of people have absolutely no documents in place to direct where their assets and estate should go upon their death.  Why?

Read more . . .


Sunday, December 27, 2015

Holiday Talks, Part 3: Discussing Your Parents’ Estate Planning Needs

As I discussed in Part I of this series, your parents may feel reluctant to discuss details of their estate plan.  For many personal matters such as finances and health care wishes are to remain private. But, it’s important to have this discussion so long as you are operating with the proper intentions.

Read more . . .


Sunday, November 1, 2015

Help Your Parents Plan Now

Minnesota Estate Planning Attorney Urges You to Help Your Parents Put a Plan in Place 

 I live the practice of estate planning because I enjoy helping people.  All people.  I specialize in the “overlooked” because, well, these individuals and families are overlooked by society and need a fierce advocate on their side.  Another specialty area that I have incorporated into my practice is that of elderly care and protection.  All too often in America the elderly are left to their own devices as they battle illness and/or dementia.  In Minnesota, the majority of seniors who need care receive it from a family member. The family needs help knowing what to do for their loved one.  This is where I come in…

Currently, close to 5.3 million Americans suffer from Alzheimer’s.  In the earliest stages of this illness it is difficult to impose upon your parent(s) the type of measures that will protect them wholly from financial scams or to remove their financial decision-making privileges.  The desire to preserve your parent’s dignity and self-respect may make you decide to “stand down” in the beginning.  They are your parents, after all.  You don't want to take their cards or checkbooks away as though they were children.  This desire to be kind and respectful can unfortunately have serious repercussions to their finances.  In these earliest of stages there is a middle-ground, legally-speaking, that you can work with so that your parents still have autonomy but you can rest easy knowing that should something happen you will be informed in time to mitigate the damage.

My firm can work with you to provide your family with financial safeguardsElderly care, especially when it comes to financial management, is a very important part of my practice area.  I routinely work with families to create a Power of Attorney so that children can assume care of their elderly parent, or even to provide this decision making tool to a spouse, sibling or adult child who is better able to handle the financial obligations.

Call me today if you are at that point where you need to begin to help make decisions for a parentor if you are beginning to see a need to plan ahead for your own financial future.  I can walk you through all of the options available to you to protect you or your loved one’s finances in the days ahead.


Sunday, July 26, 2015

I Just Moved to Minnesota. Do I Need a New Will?


A Minneapolis Estate Planning Attorney Discusses How Moving to Minnesota Affects Your Estate Plan

Minnesota’s economy is booming with one of the lowest unemployment rates in the country and this means that people are moving here to take advantage of our great standard of living. As a result, I often receive calls from people asking if they need to update their estate plans due to the move.

In general, wills or living trusts that are valid in one state should be valid in all states. However, if you’ve recently moved to Minnesota, it’s highly recommended that you consult a Minnesota estate planning attorney. This is because states can have very different laws regarding all aspects of estate planning.
Read more . . .


Wednesday, December 17, 2014

Do I Really Need Advance Directives for Health Care?


Many people are confused by advance directives. They are unsure what type of directives are out there, and whether they even need directives at all, especially if they are young. There are several types of advance directives. One is a living will, which communicates what type of life support and medical treatments, such as ventilators or a feeding tube, you wish to receive. Another type is called a health care power of attorney.
Read more . . .


Sunday, June 1, 2014

Young and Ill, without Advance Directives


When you are a child, your parents serve as your decision makers. They have ultimate say in where you go to school, what extracurricular activities you partake in and where, and how, you should be treated in the event of a medical emergency. While most parents continue to play a huge role in their children’s lives long after they reach adulthood, they lose legal decision-making authority on that 18th birthday. Most young adults don't contemplate who can act on their behalf once this transfer of power occurs, and consequently they fail to prepare advance directives.

In the event of a medical emergency, if a young adult is conscious and competent to make decisions, the doctors will ask the patient about his or her preferred course of treatment.
Read more . . .


Monday, February 3, 2014

8 Things to Consider When Selecting a Caregiver for Your Senior Parent


8 Things to Consider When Selecting a Caregiver for Your Senior Parent

As a child of a senior citizen, you are faced with many choices in helping to care for your parent. You want the very best care for your mother or father, but you also have to take into consideration your personal needs, family obligations and finances.

When choosing a caregiver for a loved one, there are a number of things to take into consideration.

  1. Time. Do you require part- or full-time care for your parent? Are you looking for a caregiver to come into your home? Will your parent live with the caregiver or will you put your parent into a senior care facility? According to the National Alliance for Caregiving, 58 percent of care recipients live in their own home and 20 percent live with the caregiver.
    Read more . . .


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From within Hennepin County Unique Estate Law represents clients throughout Minnesota, including Minneapolis, Edina, Bloomington, St. Louis Park, Minnetonka, Plymouth, Wayzata, Maple Grove, St. Paul, and Brooklyn Park.


9.3Chris Tymchuck

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