Elder Law
One of the most challenging aspects of elder law is determining when a person is no longer able to make decisions for himself or herself or needs additional care outside of the home setting. Often times, a person’s loved ones may feel guilty for taking away the person’s independence or be in disagreement about what steps to take. Our elder law attorneys are sensitive to these issues and can bring clarity to the situation, whether you are preemptively planning for your own long-term care needs or struggling to care for the needs of an aging loved one. We at Thorp Purdy work with our clients to address their concerns and find solutions that work for each unique situation. Thorp Purdy Jewett Urness & Wilkinson, P.C., located in Springfield, OR, can be reached at 541-747-3354.
Estate And Trust Administration
Probate refers to the administration of an estate when an individual passes away. This can be a challenging process, particularly when the decedent does not have an estate plan in place, or the estate is in dispute by that person's loved ones.
For individuals who plan for their death by establishing a trust, our attorneys can assist the trustee or successor trustee in complying with their fiduciary obligations. It is important for individuals serving in these capacities to work with an experienced attorney who can provide advice on how to best preserve assets, deal with taxation, and ensure the trust is administered in accordance with the law.
At Thorp Purdy, we help individuals and families deal with complex estate administration proceedings throughout Oregon. Our attorneys are highly skilled in asking the right questions and bringing clarity to the overwhelming legal issues, particularly during a time that can be highly emotional.
Probate
Thorp Purdy specializes in the administration of small estate and full probates for both taxable and non-taxable estates. Probate is the court process that proves a decedent’s will is valid and is required to transfer a decedent’s assets to the beneficiaries named in his/her will, or if a decedent died without a will, to the decedent’s heirs according to Oregon’s law of intestate succession.
Our firm can assist with all aspects of the probate process, including but not limited to, preparation and filing of all necessary documents, gathering of asset information and collection/disposition of assets, including sale/transfer of real and personal property, publication of notification to interested persons, search and notification relating to creditor claims, and final distribution of assets to heirs/beneficiaries after court authorization has been obtained.
If you are nominated to serve as personal representative of a decedent’s estate, or if you have a family member or friend that has died without a will, please call to schedule an appointment with one of our experienced attorneys.
Trust Administration
If you have been nominated as the Trustee/Successor Trustee in a revocable (sometimes referred to as a living trust) or irrevocable trust, please contact one of our trust attorneys to schedule an appointment to discuss your case. Our attorneys are experienced in trust administration, including administration of taxable trust estates. Trust administration is a necessary process that occurs after the death of either one or both trust settlors. There are a number of steps necessary to ensure proper trust administration, including notification of heirs/beneficiaries pursuant to Oregon law, collection and distribution of assets, notifications to creditors, sale of real and personal property and the trustee’s report and distribution proposal required by law. We have the expertise to assist our clients with all aspects of the trust administration process.
Guardianships and Conservatorships
If a loved one executed a power of attorney and/or an advance directive for health care while they had capacity, hopefully their representatives will be able to make decisions regarding his/her care and finances without necessitating Court involvement. However, if an individual lacks capacity and does not have a power of attorney and/or advance directive for health care, or for one reason or another, the power of attorney or advance directive for health care are not sufficient, there may be a need for a guardianship or conservatorship.
In order to be appointed guardian or conservator for a person, a petition must be filed before the Court requesting such an appointment. Additionally, certain persons are given the opportunity to object to such appointment and there may be a hearing scheduled on the matter.
A guardian is the court appointed person who can make decisions regarding an incapacitated person’s health care, placement, and general care. A conservator is the court appointed person authorized to handle the finances and assets of the incapacitated person. Incapacity is not easy to determine. In order for someone to be considered incapacitated to the degree that a guardianship may be necessary, the person is in a condition in which their ability to receive and evaluate information effectively or to communicate decisions is impaired to such an extent that the person lacks the capacity to meet the essential requirements for the person’s physical health or safety. Financial incapacity is indicated when the person is in a condition in which they are unable to manage financial resources effectively for reasons including, but not limited to, mental illness, physical illness or disability, confinement, disappearance, chronic use of drugs or controlled substances, etc.
Guardianships and Conservatorships are to be taken very seriously, as they take away an individual’s right to make decisions regarding where they live, what care they receive and/or how their finances are managed or spent.
Our attorneys are experienced in the areas of guardianship and conservatorship. We will meet with you, discuss the situation your loved one is in and work with you to determine if a petition for the appointment of a guardian or conservator is appropriate.