FAMILY LAW: OTHER
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WILLS & OTHER ESTATE PLANNING TOOLS

WILLS/TRUSTS

Most individuals should have, at the very least, a will, an advance health directive (living will), and a power of attorney. A testamentary trust, which is a trust activated upon a person’s death, is a common part of a will. Some individuals have a more complex tax situation, or have a spouse or child with special needs, which require a living trust. There are other factors that can be better handled in a living trust, rather than a will.

POWER OF ATTORNEY
A power of attorney allows another individual to take care of your business and personal affairs in case you are out of the state or are temporarily unable to take care of your affairs.

An advance health directive allows you to give specific instructions to your physician about medical care for you if you become terminally ill, or are in a coma. The health directive allows you to donate all or a part of your body to science, including organs. The organ donation on your driver’s license is not binding on your family. The health directive, unless you state otherwise, will overrule a family member’s request and ensure that your wishes are followed.

Note: Once a person has been deemed incompetent, by either a medical professional, or a judge, the person cannot execute any estate planning documents unless the person is found to have regained his/her competency.

GUARDIAN AD LITEM / PARENTING COORDINATOR

GUARDIAN AD LITEM
A Guardian ad Litem, or “GAL”, is an individual appointed by the trial judge to represent a child in a “high conflict” custody case. A GAL can either be appointment independently by the trial judge, or a parent can request the appointment.

The GAL has a unique role: she is an extension of the trial judge, empowered to investigate all aspects of the case, including documents and people. The GAL is required to present a written report tot he trial judge with recommendations of what is in the child’s best interests.

Due to recent changes to the law, a child may express his opinion about which parent he wants to live with; the GAL is required to disclose the child’s opinion, but is not bound by it in making a recommendation. All communications between the GAL and the child are confidential.

Donelle is available as a GAL, to both trial judges and colleagues. With over a decade of experience in the family law arena, she is well-qualified to deal with the issues in high conflict cases. She is comfortable talking with mental health professionals, teachers, pastors and the parents.

Donelle has an interview room dedicated to children, to make them comfortable in their own “space”. She also has a separate link on her website of the children, a “safe place” for them to express their feeling, connect with one another and talk to her. A program is currently under development with mental health professionals in cases where Donelle is appointed as a GAL to use the website in their counseling with the children.

PARENTING COORDINATOR
A Parenting Coordinator, or “PC”, is assigned to a “high conflict” case by the trial judge. Unlike a GAL, the duty of the PC is generally limited to visitation or parenting issues and is usually appointed to minimize court intervention.

There is no confidentiality in the parents’ or children’s conversations with the PC. A PC is helpful in a situation where historical problems in communication or access by one parent with the children after a divorce have occurred.

Donelle is available as a Parenting Coordinator. She encourages parents to work together. It minimizes court intervention, reduces litigation costs, and avoids the emotional damage that a court battle frequently inflicts on everyone the case.

SUMMARY
Divorce is difficult for every family. When one spouse treats the divorce as a power struggle, litigation is the only practical solution. Donelle’s reputation as a thorough, tough litigator protects the client throughout the process. Donelle and her staff keep clients informed at all stages of the litigation, combining personal contact with the latest in computer technology.

Donelle’s substantial experience as a litigator has given her the tools to successfully mediate divorces. It has also given her unique insight into a divorce judge’s priorities when it comes to children. Regardless of which role she is requested to fill, you will find that Donelle Ratheal provides the best in personal attention to your case.

ADOPTIONS

Stepparent adoptions are far more time-consuming and more expensive since the Uniform Adoption Code was adopted. A parent’s rights can no longer be terminated in a private case; however, under limited conditions, a child can be adopted by a stepparent without the biological parent’s consent.

Despite the additional hurdles, many stepparents can adopt their stepchildren. There are numerous requirements, the stepparent must agree to a background check, a review of the state child neglect and abuse records, and a review of the state protective order records. Adoptions conducted through the Department of Human Services are handled by contract attorneys and are not handled by our firms.

GUARDIANSHIPS

There are guardianships for minor children, adult children and older adults. They are generally used for minor children when a parent is unfit or consents to a guardianship.

Parents of a mentally challenged adult child utilize the guardianship proceeding to ensure that they can make decisions for the child after the child turns eighteen.

Guardianships are also used when an elderly family relative can no longer take care of himself or his affairs. Guardianships include the person and the person’s estate.

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