Stay Up To Date With My Alabama Law!
Changes happen in the law, and it's important to know how those changes affect you. We'll update you on important new laws and trends so you can be prepared for whatever comes next.
Leave your contact information below to be added to our newsletter list. We focus on issues in civil and probate law in the state of Alabama.
AMP LAW
3590 B Pelham Parkway #107
Pelham, AL 35124
Phone
(205) 641-4845
MyAlabamaLaw.com
Past Newsletters
The Archives
01
You Are More Important Than Your Things
It's not unusual for people to spend a lot of time thinking about what will happen to their things when they are gone. But it's more important to think about what happens while you are living and you have an accident, or your health fails.
If you are an adult, you should have four (4) documents. First, a Power of Attorney; second, a Living Will; third, a Healthcare Proxy; and fourth, a HIPAA Waiver. Let me briefly explain each, and why it's important.
1. POWER OF ATTORNEY. This document is signed and notarized by you, when it is created. It appoints a person to act for you when you can no longer act for yourself. There are a lot of variations on a POA, like General and Durable. A POA is only effective while you are alive. At time of death, it expires.
2. LIVING WILL. This document is your opportunity to tell those around you how you want to be treated under certain medical situations. It helps you consider what you want, or don't want, in the event you have a terminal condition.
3. HEALTHCARE PROXY. This allows you to identify who will act on your behalf when you are unable to do so.
4. HIPAA WAIVER. Only used in the event of an unforeseen accident or illness, this waiver provides a medical facility a list of those people the facility is allowed to share information with pertaining to your condition. This can be especially important in the case of an adult, unmarried child.
If I can help you with any of these personal documents, call me at (205) 641-4845.
--V. Myers, Esq.
03
Wills in Alabama
In Alabama, a Will must be in writing and signed by the Testator. It should be "self-proved", meaning it is signed by two witnesses, and notarized.
It's important to remember that the Court needs your original Will, not a copy. So make sure you keep your Will someplace safe, where your Executor has access.
A will lets your loved ones know your wishes. It should help guide your Executor through the process of settling your estate, however small or large it may be.
If you have no Will and you have property, whether it's real or personal, you are considered Intestate and the laws of Alabama will determine how your Estate is dispersed.
If you need to update a Will, or create your first Will, call me at (205) 641-4845.
--V. Myers, Esq.
02
Supported Decision Maker Agreements | The Colby Act
New in August 2023, many people are still not familiar with Supported Decision Maker Agreements (SDMA). They may be an alternative to having the Court appoint a guardian and/or conservator to act on your behalf.
STAYING INDEPENDENT. The idea behind a SDMA is for you to make your own decisions as long as you are able, and for your chosen Supporter(s) to help you communicate those decisions as needed.
The Alabama legislature defines “Supported Decision Making” as a process of supporting and accommodating an adult in the decision-making process, without impeding that adult in self-determination.
YOU NEED CAPACITY. You should have mental capacity to use one of these agreements--a contract level of capacity (not a testamentary level).
In this written agreement, you name Supporter(s) you may rely on to give you assistance in making, communicating, and effectuating life decisions in a variety of areas.
IT'S UP TO YOU. You enter into this agreement without coercion or undue influence. You can make, change, or revoke this agreement at any time. The existence of this agreement doesn’t preclude you from acting independently of the Supporter(s) you’ve named. Areas this agreement can extend to may include: Healthcare, Financial Decision Making, Where you Live and Your Community, Education, Employment, and more.
If you think a Supported Decision Maker Agreement might be right for you, call me at (205) 641-4845.
--V. Myers, Esq.
04
Why PROBATE is So Confusing
It's easy to be confused about Probate. It seems like a long, mysterious process full of legal terms most people don't understand. What if you could just avoid Probate of your Estate completely? It's possible, if you know what to look for and act early. Here are some tips:
1. KNOW HOW REAL PROPERTY IS HELD. If you own real property and the Deed says it's owned jointly with right of survivorship, this means that if you pass away, the other person listed on that deed (assuming them are alive) takes that property 100%. There is no need for probate of this property.
2. BENEFICIARY DESIGNATIONS. If you have beneficiaries listed, and current, on all of your financial accounts or insurance policies, those funds move directly to the beneficiary outside of the probate process.
3. TRUSTS. Moving property, which may include your home and other real estate, into a Trust, keeps it out of the probate process.
If you need someone to help you through the Probate process, or to advise you on avoiding it altogether, call me.
--V. Myers, Esq.