Frequently Asked Questions

Estate planning is about making decisions ahead of time so your family is not left guessing later. It usually includes a will or trust, along with powers of attorney for finances and healthcare and a medical release.

Together, these documents address two key situations: what happens if you cannot make decisions while you are alive, and what happens to your property after you pass away.

Maybe you just bought a home in Meridian or Eagle, welcomed a child in Idaho Falls, or are helping a parent in Lewiston or Coeur d’Alene manage health decisions. These moments tend to bring up the same question: what would happen if something unexpected came up?

That is usually when planning moves from something you have been meaning to do into something worth handling now.

If there is no written plan in place, Idaho law decides how your assets are distributed. This is called intestate succession.

The outcome depends on your family structure. A spouse may share the estate with children or other relatives, especially in blended families.

It can also make the process more time-consuming for your family, particularly if property, land, or multiple heirs are involved.

Not always. Some assets pass directly to beneficiaries without court involvement, such as certain accounts or jointly owned property.

However, probate is often required when someone owns real estate in their name or when the estate includes significant personal property. 

Families are welcome to reach out to us just to confirm whether probate applies to their situation.

The timeline depends on the estate. In a straightforward case, probate may take a few months. If there are multiple properties, missing information, or disagreements among family members, it can take closer to a year or longer.

For example, settling a small estate in a town like Preston or Grangeville may move faster than handling land or multiple accounts spread across Boise, Sun Valley, and other parts of the state.

A power of attorney allows someone you trust to act on your behalf if you are unable to do so.

A healthcare power of attorney covers medical decisions, while a financial power of attorney allows someone to manage bills, banking, and property. These documents are often used in everyday situations, not just worst-case scenarios, such as helping coordinate care after an injury or managing finances during a period of illness.

No. Powers of attorney only apply while a person is alive. After death, responsibility shifts to the personal representative named in a will or the trustee of a trust. That is why these documents are part of a larger plan rather than standalone solutions.

Guardianship is a court process that allows someone to make personal and medical decisions for another person who cannot safely make those decisions on their own.

This might come up when a parent in Pocatello is caring for an adult child with special needs, or when a family in Rexburg or Mountain Home is helping an aging relative who can no longer manage daily life. We are always happy to sit down with you and help you decide what is right for your family’s unique needs. 

Conservatorship is a court process that gives someone legal authority to manage another person’s financial life when they can no longer do so safely on their own.

This can include handling bank accounts, paying bills, managing investments, protecting property, and making sure expenses like housing, medical care, and daily needs are covered. Unlike guardianship, it does not involve decisions about healthcare or living arrangements.

Conservatorship is often considered when there is real financial risk. For example, if an older adult in Boise has dementia and is missing payments and falling behind on utilities, or if someone in Idaho Falls is consistently being targeted by scams and giving away money, a conservator can step in to stabilize things. It can also apply if a person has received a settlement or inheritance but is not able to manage it responsibly.

The court oversees the process and requires ongoing reporting. That includes an initial inventory of assets and regular accountings to show how money is being managed. This structure is meant to protect the person at the center of the case and make sure everything is handled appropriately.

Powers of attorney, trusts, or supported decision-making arrangements can provide help while allowing the person to remain more independent.

The right approach depends on the person’s ability to understand decisions and the level of support they need.

Start by locating the document and understanding your role.

If you are named as a personal representative, guardian, or agent, you may have legal responsibilities that need to be handled in a specific way.

Many people in this position, whether in Coeur d’Alene, Twin Falls, or smaller communities like Salmon or Ashton, choose to speak with a lawyer early so they can move forward with a clear understanding of what is expected.

The Collaborative Legal Planning Process™ is how Alan R. Harrison Law helps you turn legal decisions into a plan that actually works in real life.

Instead of handing you a set of documents and sending you on your way, this process focuses on understanding your family, your goals, and the situations you may face down the road.

It starts with a conversation. Maybe you are in Idaho Falls thinking about long-term planning, in Boise trying to organize finances for a parent, or in Twin Falls preparing for a child with special needs to turn 18. Wherever you are, the goal is the same: figure out what matters most and build a plan around it.

From there, the process walks through key decisions step by step. That can include choosing the right people to act on your behalf, deciding whether a will or trust makes sense, and determining if tools like powers of attorney, guardianship, or conservatorship are even needed.

By the end, you have a plan your family can follow, and the confidence that the right pieces are in place for what may come next. If you are not sure where to start, this is often the best place to begin.