If you have decided it is time for you to create an estate plan, we help you create a Collaborative Legal Plan™ that reflects your family’s unique needs. We specialize in wills and trusts, including Supplemental Needs Trusts for those with disabilities. Every estate plan also includes powers of attorney for finances and healthcare and a medical information release.
We have answered some frequently asked questions about estate planning below. Take a moment and look through the information we have provided. If you have any questions we have not answered, be sure to bring them up when we meet with you.
As the years go by, life changes bring new challenges, opportunities, and priorities. Whether you are welcoming a new family member, managing your growing assets, or navigating health concerns, creating a thoughtful estate plan can ensure you’re prepared for whatever comes next.
At Alan R. Harrison Law, we guide families across Idaho through the estate planning process with care and expertise. Let us help you plan today, for tomorrow’s success.
These documents allow someone you trust to step into your shoes and make decisions when you're unable to communicate or act for yourself—whether temporarily or permanently.
A healthcare power of attorney gives your chosen agent the ability to make medical decisions if you’re injured or ill and can’t communicate your wishes. Paired with a HIPAA release, it ensures your loved ones can access your medical records, speak with doctors, and coordinate care.
For example, if you're in a farming accident near Rupert or have a skiing injury in Sun Valley, your healthcare agent can speak directly with medical professionals to make decisions in your best interest—even if you're being airlifted to a larger hospital hours away. And in more rural towns like Arco or Preston, where hospital access may be limited, it helps streamline coordination across different providers.
A financial power of attorney authorizes someone to manage your money, pay bills, handle property, and make other financial decisions on your behalf.
Let’s say a retired teacher in Moscow has early-stage dementia and wants her son in Nampa to help manage her finances as her condition progresses. A financial power of attorney gives her son the legal ability to pay her bills, manage retirement income, and make property decisions when she can’t do so herself.
You can name the same person for both roles, or choose different agents depending on your family dynamics. For example, someone living in Lewiston might name her brother—an EMT in Coeur d’Alene—to make healthcare decisions, but choose her daughter in Boise to handle banking and property matters.
We help you think through who in your life is best suited for each responsibility—and how to talk with them about what you want.
While guardianship is about personal and medical choices, conservatorship gives you the legal ability to manage someone’s money, property, and financial affairs. For example, you might need a conservatorship if:
Not everyone who needs a guardian also needs a conservator—and vice versa. We help you figure out what protections are truly necessary, and we prepare every legal document the court will need.
Our team makes sure the financial side of care stays secure—without surprises down the road.
Many law firms handle forms, filings and the hearing. We go further. Our team includes people who have been caregivers and guardians themselves, so we know the emotions families feel. We use our Collaborative Legal Planning Process™ to work through complex family dynamics, explain your responsibilities in plain language, and make sure you feel supported every step of the way.
The Collaborative Legal Planning Process™ was developed after years of assisting families obtain guardianship and conservatorship for their loved ones with special needs.
It is important to know that guardianship and conservatorship are not appropriate for every person with special needs, and the Collaborative Legal Planning Process™ helps families identify the appropriate level of support needed to help their family member be safe, protected, loved, happy, and to the greatest extent possible, self-reliant.
As part of your Collaborative Legal Plan™, we spend time with you to understand the individual who needs support and your family, so that we can help you identify the goals of your plan. If it is determined that guardianship and/or conservatorship is an appropriate option, we help you gather supporting medical reports and create the documents required by the Court.
From the courts in Bannock and Bonneville counties to remote areas in Lemhi or Idaho County, we work across the state. In many areas, we can appear virtually depending on the court’s policies. If travel is needed, we’ll talk with you about what makes the most sense for your case.
Guardianship and conservatorship decisions can be emotional and complex, but with the right help, they don’t have to be overwhelming. If you think someone you love may need this kind of legal protection, let’s talk about what’s right for your family. We’re ready to help you plan today for tomorrow’s security.
The term “estate” refers to all of the assets you own. This includes property, money, personal belongings, and sometimes business interests. When you create an estate plan, you are developing a plan to manage your assets if you become incapacitated while you are alive and a plan to distribute your assets after your death. An estate plan also gives directions for the care of any minor children you may have.
A will is a legal document that explains how you want your property distributed after your death. A will also identifies guardians for any children you may have under 18 years old or adult children who are disabled. A will typically goes through the probate process, which requires court involvement.
A trust is a legal document that creates a relationship between the individual(s) who control the assets, called the Trustee(s), and those who benefit from those assets, called the Beneficiary(s).
Generally, when an individual or married couple create a trust, they are both the Grantor(s) and the initial Trustee(s) of the trust. They transfer their assets, such as property and bank accounts, into the trust, and then use those assets for their own benefit while they are alive.
If the initial Trustee(s) become incapacitated, the successor Trustee(s) step in to manage the assets for the benefit of the Grantor. Once all of the Grantor(s) have died, the successor Trustee(s) distribute the assets to individuals or charities named in the trust.
If you have a trust you will not need to go through the probate process unless assets have been left outside of the trust after the last Grantor has died.
In the simplest terms, a will leaves your assets in your name while you are alive and gives instructions on how to distribute those assets upon your death, while a trust moves your assets into the name of the trust while you are alive and gives instructions on how those assets are to be used or distributed when you are incapacitated or after you die. A will typically requires probate, while a trust may not. A will names a personal representative to handle your estate after you die, while a trust names a successor trustee for when you are incapacitated or after you die.
Personal representatives and successor trustees are individuals who you believe can manage the details of your estate. Typically a family member or trusted friend is selected. Sometimes a professional executor or trustee is named.
When selecting a personal representative or successor trustee, it is important to identify an individual or organization who is able to work with your family members and the named beneficiaries of your estate. Consider someone who has the time and ability to contact financial institutions, handle paperwork, and manage the details of your estate.
It is important to know that a personal representative only handles your estate after you die, but a successor trustee may handle your estate if you become incapacitated while you are still alive, but a successor trustee may handle your estate if you become incapacitated while you are still alive and after your death.
If you do not have a will (or trust) in place when you die, the State of Idaho has laws that govern how your assets will be divided. This process is called intestate succession. If you are interested, these statutes can be found in Idaho Code, Title 15, Chapter 2. It is important to remember that if you want your estate distributed differently than outlined in the intestate succession statutes, you must have a will or trust in place before you become incapacitated or die.
We’re happy to sit down with you, answer your questions, and talk through your options—at your pace, and on your terms.
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