Debunking the Shame of Filing for Bankruptcy

Financial struggles are not uncommon, and many people can find themselves drowning in debt. Believe it or not, filing for bankruptcy can be the way out of devastating bills, but many people don’t consider it because of the stigma around it. If you are struggling with managing your debt, but are ashamed even to consider bankruptcy, then this is the blog for you. We’re debunking the shame of filing for bankruptcy – keep reading to see how Craft Law Offices can help!

Myth 1: You’ll Lose Your Possessions

You may have heard that filing for bankruptcy means you will lose possessions, such as your car or home. The idea of losing these things can scare people away from even considering bankruptcy, but filing for bankruptcy can actually help protect your possessions. Depending on the type of bankruptcy you file, you can either stop a foreclosure or repossession to catch up on payments or file and continue making payments. Filing for bankruptcy is a tool that can help you regain control of your payments and finances without the fear of losing what you own. Bankruptcy can even help you to maintain control over a business and give you time to reorganize. With the help of Craft Law Offices, bankruptcy can be the next step to financial freedom for you.

Myth 2: Your Credit Will be Ruined

If you are worried that filing for bankruptcy will destroy your credit score and you will be unable to access loans, mortgages, and credit cards, think again! Though bankruptcy filings can stay on your record for years, it does not mean that your credit and credit score will suffer. In fact, many people who consider bankruptcy already have late payments that are affecting their credit. When you file for bankruptcy, it can wipe out your debts and give you a fresh start. With the right plan in place to manage your finances and make payments promptly, you can build your credit back one step at a time. With years of experience in a variety of bankruptcy cases, Craft Law Offices is here to offer you advice and support to help you overcome debt.

Myth 3: Everyone Will Know You Filed

Though bankruptcy filings are public record, your records will not be as easily accessible as you might think. And your friends and neighbors are unlikely to be searching through the federal court system in their spare time. Typically, the only people who will have access to your case and filing are creditors, bankruptcy trustees, and anyone who may be listed as a co-debtor. In most cases, your employer will not be notified, but if you are applying for a new job, bankruptcy filings may appear on a background check. The bottom line is that your bankruptcy should be a private situation, and the Craft Law Offices team can help walk you through your rights, discuss your options, and get you through the bankruptcy process.

Myth 4: Only Irresponsible People File for Bankruptcy

Unfortunately, most people believe that those who file for bankruptcy are irresponsible. In reality, bankruptcy can affect anyone at any time. In fact, many people may find themselves considering bankruptcy after an unfortunate event, like getting laid off from a job, having a major medical issue, going through a divorce, or having to support a parent or relative in need. Any of these events can turn bills that were once easy to manage into overwhelming debts quickly. Without much warning, anyone can find themselves in an unbearable financial situation, and filing for bankruptcy could be the way out. Even some of the most famous brands, companies, and celebrities have filed for bankruptcy to get out of debt. If you are considering bankruptcy, reach out to Craft Law Offices today to see if filing could benefit you.

The experienced team at Craft Law Offices is here for you. We will help you weigh your options, determine if filing for bankruptcy is right for your situation, and walk you through the steps of the federal bankruptcy process. Bankruptcy can be confusing to navigate, which is why we strive to make the process as simple as possible to help you get on a path to financial freedom. To learn more about your options, schedule a consultation with us today – 252-752-0297.

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Co-signing Loans and Bankruptcy

Bankruptcy can be a scary but necessary next step toward financial freedom and starting over with a clean slate. But how does it affect someone who has cosigned on your loan? The best way to navigate this decision is to contact an experienced bankruptcy attorney who can help you make the best decision for you and your co-signer. Keep reading to learn all you need about loans, co-signers, and bankruptcy.

When Do You Need a Co-signer

A co-signer is a family member or close friend who agrees to pay your loan if you fail to do so. Those who do not have credit or don’t meet income requirements may require a co-signer for their loan. The most common example is when a parent cosigns a lease for their child, promising to pay rent if their child cannot. In some instances, having a co-signer can help reduce loan rates. Anyone applying for student loans, a car loan, or even a mortgage may require or benefit from a co-signer.

How Bankruptcy Affects Co-signers

Filing for bankruptcy can drastically affect a co-signer and their financials, depending on the type of bankruptcy filed. Under Chapter 7 bankruptcy, the co-signer may still be responsible for paying off the full debt, even if the borrower is absolved from their obligations. If the loan is not repaid on time, the co-signers’ credit score could be affected. Under Chapter 13, the borrower creates a repayment plan over 3 -5 years, and co-signers are protected by the “co-debtor stay”. This prevents creditors from contacting the co-signer for repayment. If the borrower does not adhere to their repayment plan, creditors can contact the co-signer. The “co-debtor stay” may not cover some types of debt, including student loans.

How to Protect Co-signers

To protect your co-signer on a loan, it is important to have an open and honest conversation about your financial situation ahead of time. This way, your co-signer knows exactly what to expect, and can prepare for the next steps. We also encourage you to discuss with your attorney how bankruptcy will affect your co-signer, and how to protect them when filing. If possible, consolidating your loans under your name alone will protect your co-signer from any future financial issues.

When to Contact an Attorney

When you can no longer repay your loan, it may be time to contact a professional. A bankruptcy attorney can help determine if filing for bankruptcy is right for you. They can review your options, offer advice, and assist you with the next steps.

Contact Craft Law Office today for a free consultation to review your situation with a professional. Leslie Craft has over 30 years of experience assisting clients with financial and legal issues. Trust that your case will be met with transparency and dedication to help you get a fresh financial start.

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Blended Families and Estate Planning

In general, planning your estate can be complicated and confusing. When you are part of a blended family, the process can be even more difficult. It may require a customized plan to meet the needs of all family members, including biological children, stepchildren, and parental figures. To create an estate plan that addresses this type of family dynamic, it is important to consult a professional estate planning lawyer. So, what do you need to know about blended families and estate planning? Keep reading to find out more about how Craft Law Offices can make your estate planning process simple!

Unique Dynamics

Many blended families have unique dynamics, and when it comes to estate planning, most people benefit from more non-traditional plans and approaches. Blended families are more dynamic and require more careful consideration to ensure your estate plan includes each family member, primarily biological and stepchildren. It’s important to consider the impact of prior relationships or marriages, as well as obligations such as child support, when planning your estate. When working on your estate plan, it is highly beneficial to consult a professional estate planning lawyer to ensure all family members are protected and that the principal’s wishes are met.

Legal Tools

When completing your estate plan, there are many tools you can use to ensure your assets are distributed correctly and that your family is fully protected. There are multiple options for planning an estate for a blended family, whether you use trusts or wills. These tools allow you to specifically allocate assets and ensure each family member receives their inheritance. Using both wills and trusts enables you to protect your unique and blended family with tailored protection. Speak with a knowledgeable estate lawyer at Craft Law Offices to ensure your needs are met, review the different types of legal tools that are available to you, and understand precisely how your assets will be distributed.

Including Blended Family Members

With a blended family, it can be more challenging to plan your estate, because there are more relationships to account for. When planning your estate, it is important to have open and honest conversations about expectations. This will help to avoid any confusion and ensure that each family member is included and accounted for. When you give each member of your family a voice, you can be sure that your estate plan reflects your entire family’s values and wishes. Take time to have considerate, thoughtful conversations so that everyone is aware of the estate plan. This way, the needs of the entire family are addressed. Estate planning does not have to be scary, and it can be made stress-free with the help of a professional estate planning attorney.

Mistakes to Avoid

Estate plans are a great way to ensure your assets are distributed according to your wishes; however, without proper guidance, many mistakes can be made when planning your estate. One of the most expensive mistakes you can make is forgetting to update the beneficiaries on all of your accounts. Take time each year to review your plan and accounts to ensure everything is up to date and your wishes are met. You should also consider having a plan in place should you become incapacitated. This plan is different and allows you to appoint someone to make decisions for you if you are unable to. In any estate plan, the most important thing is to discuss each decision with your family so everyone is on the same page. An estate plan attorney can help to lead these conversations and ensure that every need is met and every question is answered.

Estate planning is essential, and when your family is blended, it can be challenging to determine how to distribute your assets. Craft Law Offices can make this process pain-free from start to finish. And with estate plans, it is important to review them every year and make adjustments as necessary. Trust Craft Law Offices to create an estate plan that fits your family and ensures that everyone’s wishes are taken into account. Ready to get started? Contact our office today at 252-752-0297.

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How Holiday Spending Can Impact a Bankruptcy Case

The holiday season is filled with cheer, generosity, and — let’s face it — extra expenses. Between gifts, travel, decorations, and festivities, it’s easy for spending to spiral beyond your budget. But if you’re considering filing for bankruptcy (or already in the process), holiday spending can have serious financial and legal consequences.

Craft Law Offices would like to help you understand how these purchases can affect your case, which is key to protecting yourself and making smart financial decisions this holiday season.

1. Bankruptcy Courts Look Closely at Recent Purchases

When you file for bankruptcy, your financial activity leading up to the filing date doesn’t disappear — it’s carefully reviewed. The court and your bankruptcy trustee will examine your recent spending habits, including credit card charges, cash advances, and large purchases made in the 90 days before filing. If those purchases appear excessive or unnecessary, they could raise red flags and potentially be labeled as “fraudulent spending.”

2. Luxury Purchases Can Be Problematic

Under bankruptcy law, luxury spending before filing can be challenged. For example, the Bankruptcy Code presumes that certain debts are not dischargeable if they were incurred shortly before filing:

  • Luxury goods or services over a certain dollar amount (around $800–$900, depending on the year) within 90 days before filing.
  • Cash advances over roughly $1,100 within 70 days before filing.

What counts as “luxury”? Anything not reasonably necessary for your support or maintenance is considered a luxury, including expensive gifts, jewelry, travel, or high-end electronics. If you rack up these kinds of charges, your creditors may object, and you could end up still responsible for paying those debts even after bankruptcy.

3. Intent Matters

One key factor is intent. If you used credit knowing you planned to file for bankruptcy, the court may consider that an attempt to defraud your creditors. On the other hand, if you made reasonable, necessary purchases (like groceries or winter clothes for your family) without any intention of avoiding payment, those are typically not considered fraudulent. Still, perception matters — and even innocent spending can complicate your case.

4. Timing Is Everything

If you’ve already done some holiday shopping and are thinking about filing, timing your bankruptcy filing carefully can make a big difference. Waiting a few months may help demonstrate that your purchases were made in good faith and not in anticipation of bankruptcy.

A qualified bankruptcy attorney can review your situation and help you decide the best time to file.

5. How to Handle the Holidays if Bankruptcy Is on the Horizon

If you know bankruptcy might be in your future, here are some tips to keep your holiday finances under control:

  • Avoid new credit card debt. Stick to cash or debit if possible.
  • Create a realistic holiday budget — and stick to it.
  • Focus on meaningful, low-cost celebrations instead of expensive gifts.
  • Consult your bankruptcy attorney before making any large purchases or financial moves.

A little restraint now can save you from major headaches later.

Bankruptcy is designed to give you a fresh start — but how you manage your finances leading up to your filing matters. Holiday overspending or last-minute luxury purchases can delay your case, create extra scrutiny, or even leave you responsible for debts you hoped to discharge.

Before making big holiday purchases, take a step back and think about the bigger picture. If bankruptcy might be in your near future, talk to an attorney first. Call Leslie Craft with Craft Law Offices and let her help you navigate the process wisely. She can help you and protect your financial future long after the holiday lights come down. Call today, 252-752-0297.

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Tips to Navigate the Black Friday Frenzy Without Falling into Debt

Black Friday and Cyber Monday are prime shopping days for deal-seekers, offering a whirlwind of discounts that can make a serious dent in your holiday shopping list. But it can also be a financial trap, luring shoppers into a cycle of impulse buys and regret-filled credit card statements. With a little strategy and discipline, you can navigate the deals and come out with your finances—and sanity—intact.

Here are the best tips for saving big without going into debt this Black Friday.

1. Determine your holiday budget and stick to it

Before you even glance at the first advertisement, take control of your finances by deciding precisely how much you can afford to spend. This means examining your income and expenses to determine a realistic number that won’t compromise your financial stability.

  • Break it down: Instead of one lump sum, break your budget into specific categories, such as gifts, home goods, or personal splurges.
  • Use cash or a debit card: Some shoppers find success and a sense of security by using only cash or a debit card for their Black Friday purchases. This prevents the temptation of overspending on a credit card.

2. Make a detailed shopping list of people you need to buy for or things you need.

A detailed shopping list is your best defense against impulse buys. Write down every item you need, or are searching for, for the gift recipient, then prioritize the list. This will bring a sense of relief and reassurance that you’re not overspending.

  • “Needs” vs. “Wants”: Separate your list into “must-haves” and “nice-to-haves.” Focus on securing the essential items first.
  • Research prices: Use online tools or apps to track historical prices. This will help you know if a deal is truly a great bargain or just clever marketing.

3. Do your research ahead of time by reviewing current pricing and the best pricing to date.

The Black Friday ads often drop weeks in advance. Use this time to your advantage to research the products you want and compare prices across different retailers.

  • Sign up for alerts: Get on retailers’ email lists to receive early bird offers and exclusive promotions.
  • Look beyond Black Friday: Remember that some sales extend into Cyber Monday and the entire weekend. Don’t feel pressured to buy something immediately just because it’s a “limited-time offer”.

4. Shop online to avoid the hype and reaching for something not on your list.

Online shopping offers a more strategic and less chaotic experience. Many retailers offer the same deals on their websites, allowing you to avoid the crowds and take your time.

  • Avoid shopping momentum: The festive atmosphere and “doorbuster” hype are designed to create impulse spending. Shopping from home helps you stay clear-headed and focused on your list.
  • Utilize tools: Use browser extensions to find extra coupon codes and earn cash-back rewards.

5. Use cash, and if you use credit cards, make sure to use them wisely.

For many, the best financial advice is to leave credit cards at home on Black Friday. However, if you do use a credit card, be strategic.

  • Plan to pay it off: Only use a credit card if you can pay the balance in full by the statement due date. Otherwise, the interest charges can erase your savings.
  • Beware of store cards: The offer of an immediate discount for opening a store card can be tempting. But these cards often come with high interest rates that aren’t worth the initial savings.
  • Take advantage of rewards: If you’re making planned purchases, a rewards card can be beneficial. However, don’t let the promise of points or cash back entice you to spend more than you intended.

Ultimately, the most effective way to avoid debt on Black Friday is to remember that you don’t have to participate in the frenzy. If an item isn’t on your list and doesn’t fit your budget, walk away. The best savings are the dollars that stay in your wallet.

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Is Traffic School Worth It?

When you have been charged with a traffic violation, traffic school may seem like a reasonable way to get your ticket handled quickly. But is traffic school worth it? Can traffic school benefit you, no matter what kind of ticket you get? We’ve put together a list of pros and cons of attending traffic school, and what options you may have to solve your traffic ticket. Keep reading to find out more!

Pros

Attending a driver improvement clinic, or traffic school, teaches you many things, including techniques on driving defensively, handling dangerous road conditions, and driving habits that will keep you safe behind the wheel. In many cases, traffic school is similar to the driver’s education class you took before getting your license, where you review fundamental driving laws and rules, as well as accident prevention. Traffic school can help keep a ticket from staying on your driving record, preventing you from accumulating points on your license. For certain types of tickets, traffic school can potentially help you get your ticket dismissed, which means avoiding court costs, fines, and other consequences. Not all tickets are eligible for dismissal, so consulting a traffic ticket lawyer to advise you may help determine the proper steps to take. Though there is no guarantee, traffic school can also help you avoid an increase in your insurance premium. Overall, traffic school is a great option to prevent costs, accruing points on your license, and having to go to court.

Cons

In some cases, traffic school may not benefit you. For instance, offenses like reckless driving, DWI, or leaving the scene of an accident cannot typically be reduced by traffic school. In other cases, if you have already attended traffic school and get another ticket within a certain amount of time, you may be ineligible to participate in it again. On the other hand, if you are eligible for traffic school, it may be challenging to find time to attend 6-8 hours of driving school in person. Sometimes, there are options to attend an online course over a period of days or weeks. It is not free to participate in traffic school, and you may be required to pay court costs even if the ticket is dismissed. A professional traffic ticket lawyer can help you weigh the pros and cons of traffic school and determine whether it will benefit you to attend or not.

Your Options

Regardless of whether your traffic ticket is for a serious infraction or a minor violation, hiring legal representation for advice can help you understand your options and make informed decisions. A traffic ticket attorney can help you explore all the possibilities to fight your ticket, determine which ones are worth pursuing, and offer defense strategies to protect your driving record, as well as guidance on minimizing any costs and fines.

The professional team at Craft Law Office can help you determine if traffic school is the right option for you. No matter what route you choose, it’s essential to fight your ticket. If you don’t resolve your traffic ticket, you’ll incur additional fees and costs. An experienced traffic lawyer can help you settle your ticket, avoid severe consequences, and give you peace of mind. To learn more about how Craft Law Office can help you, schedule a free consultation with us today, 252-752-0297.

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A Guide to Texting and Driving in North Carolina

Whether pulling up directions, changing the radio station, or sending a quick text, we’ve all been distracted in the car. When you are not 100% focused on what you are doing when you are behind the wheel, you can miss important things that are going on around you. Distracted driving occurs when a driver engages in any activity that takes their eyes off the road and their hands off the wheel while driving. It is a serious offense that could have life-threatening consequences for pedestrians, drivers, and other motor vehicles.

In North Carolina, roughly 20% of traffic accidents result from distracted driving, second only to speeding and above drunk driving. Therefore, North Carolina has stipulated laws to prohibit texting and driving, as well as other forms of distracted driving. Some aspects of the law also restrict hands-free phone use, so it is vital to know the specifics of the law. Read on to learn about the distracted driving laws in NC to avoid violating them.

Is texting and driving illegal in NC?

The North Carolina Distracted Driving law covers all activities that distract you while driving as illegal. Therefore, you cannot use your phone to text, call, email, or read messages while driving.

It is crucial to understand the NC laws regarding distracted driving to protect you and your loved ones on the road. It is essential when filing an insurance claim because anyone injured in a distracted driving incident can use that information when filing a claim.

Is using any device while driving prohibited in North Carolina?

As with any law, there are certain exemptions, but these are typically reserved for special circumstances. State laws consider reading or writing text messages and emails illegal while driving a motor vehicle, even during a red light stop.

There are exemptions to this law, such as the following:

  • Texting or emailing when the car is legally parked or not in motion.
  • First responders and law enforcers performing their duty.
  • Navigating your vehicle with a GPS.
  • Hands-free use of communication and mobile devices.

If you are pulled over for texting while driving, you will receive a fine. Depending on the circumstances of your apprehension, you could face serious charges, such as reckless driving or criminal death charges.

Regarding the last exemption for illegal texting and using phones while driving in North Carolina, you may talk on the phone while driving, except when the driver is under 18 or a new driver. The only time minor drivers are allowed to use a cellphone is when communicating with their parents or guardians, or when in a life-threatening situation.

What are the fines and penalties?

Since texting and driving are illegal in NC, you will be charged a ticket worth $100 plus court fees. There is an additional fine of $25 if the driver is under 18, holds a provisional license, or was using a handheld device while driving.

However, if the violator of this law is a school bus driver, it is considered a Class 2 misdemeanor (rather than a civil infraction). This violation entails a fine of at least $100.

Drivers operating commercial vehicles face stiffer penalties and fines. For example, a truck driver violating the distracted driving law faces federal infractions. If a truck driver is apprehended for this violation twice in three years, their driver’s license could be suspended for 60 days. Meanwhile, a third conviction could result in the revocation of their driver’s license for 120 days.

Ways to Prevent Distracted Driving

Driving is not an easy activity, and there are ways to make it easier on yourself. First, you can designate a co-pilot who is responsible for monitoring the map, checking your phone, responding to messages, and changing the radio station. Or, if you are driving alone, make it a point to stop regularly to stretch your legs, refocus, and check your phone and map. You should also secure any loose items, so nothing falls or spills, distracting you while you are moving. Finally, consider placing your phone on Do Not Disturb to prevent any distracting notifications from popping up while you drive.

Conclusion

The distracted driving laws are no different from those of other states. However, you must learn what applies to NC to ensure you won’t pay fines or be charged for the violation. Distracted driving is a serious risk to yourself and other drivers (and pedestrians).

If you’ve recently had a traffic violation of this nature, Leslie Craft, a North Carolina traffic attorney, can help. Her legal expertise can help you avoid facing stiffer penalties or potential criminal charges, especially if you are not guilty. Knowledge of the law is the first step in staying obedient and avoiding legal trouble. When you work with us, we take on the responsibility and focus on your case, so you can have peace of mind knowing that your ticket is being handled with care and expertise. Please call us today at 252-752-0297.

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How Bankruptcy Attorneys Can Help With Debt

Being in debt can be a super stressful and lonely experience. The constant calls from creditors, piling up bills, and the uncertainty of the future can take a toll on you. However, bankruptcy is a legal means to regain control of your finances and start anew. However, navigating bankruptcy laws can be overwhelming without the assistance of a professional. That’s where a bankruptcy attorney comes in.

In this blog, we will review how bankruptcy attorneys can help you get out of debt, the benefits of hiring one, and what you need to know before you file.

How Bankruptcy Attorneys Can Help

A bankruptcy attorney will guide you through the entire process so you can make informed decisions and avoid mistakes. Here’s how:

Personalized Financial Analysis

An attorney will review your financial situation to determine if you qualify for Chapter 7 or Chapter 13 bankruptcy. They will review your debts to see which ones can be discharged and how to manage non-dischargeable debts. They will also explain property exemptions so that you can protect your assets from seizure.

Support Through the System

Filing for bankruptcy involves a significant amount of paperwork and strict deadlines. An attorney will ensure that all documents are completed correctly and on time. They will represent you in court and creditor meetings, negotiate on your behalf, and communicate with creditors once your case is filed.

Ensure Compliance with Laws

Bankruptcy laws are pretty complex, and one small mistake may send your case into delays or even dismissal. An experienced attorney is capable of effectively navigating such laws and is well-equipped to stay up-to-date with legal changes that may affect a case, ensuring compliance with current regulations.

Debt Relief Success

Depending on the type of bankruptcy, you can eliminate unsecured debts or create a manageable repayment plan. Attorneys provide realistic timelines and guide you through each phase, ensuring your debts are discharged and helping you achieve financial relief.

Benefits of Hiring a Bankruptcy Attorney vs. Filing Yourself

You can file for bankruptcy without an attorney, but it’s much better with one. Filing with an attorney means expert legal advice, accurate and timely paperwork, protection from creditor harassment, asset protection, knowledge of current laws and exemptions, representation in court and creditor meetings, better outcomes, and peace of mind. Filing yourself means navigating the legal system alone, with a greater risk of errors and case dismissal.

Why Hire a Bankruptcy Attorney

Bankruptcy laws change periodically, and the way cases are processed also changes accordingly. Navigating bankruptcy laws without expert help can be challenging. An experienced attorney helps you understand those laws and ensures you utilize all the protections and exemptions to your advantage. Working with an attorney who is up to date on current laws and reform discussions is crucial to ensure your case is handled correctly and in compliance with the latest requirements.

Preparing for Bankruptcy

To get the most out of bankruptcy and avoid problems, prepare properly.

Don’t Make Financial Mistakes Before Filing

Before you file, don’t incur new debt. Avoid using credit cards or taking out new loans. That’s fraud. Don’t transfer or sell assets without consulting your attorney. That’s hiding assets. Unusual financial activity and large or unusual transactions will raise red flags with the trustee.

Gather Documents

Make a list of all debts, credit cards, medical bills, payday loans, and student loans. Document all assets, property, vehicles, bank accounts, and investments. List income sources, monthly expenses, and any significant financial transactions, inheritances, or property transfers.

Complete Mandatory Credit Counseling

Before you file, you must complete credit counseling with an approved agency. After you file, a debtor education course is also required. An attorney can direct you to approved providers and make sure you comply with these requirements.

Conclusion

Filing for bankruptcy is a significant decision that can bring financial relief and a fresh start. However, it’s complicated and fraught with pitfalls. A bankruptcy attorney gives you the expertise and support to navigate the system, protect your assets, and get the best possible result for your case. By being proactive and getting professional help, you can overcome financial hardships and move towards a more secure financial future. Contact Leslie Craft today and let us help you take the first step towards financial freedom, 252-752-0297.

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Your Child is Preparing for College, Are You Prepared for a Medical Emergency?

Is your child headed off to college this fall? We understand the stress that comes with packing up their belongings, preparing for them to leave, and ensuring they have everything they need. In the midst of making those decisions, many forget an essential “to-do” that makes a huge difference – establishing a healthcare power of attorney (HCPOA). Keep reading to learn what exactly an  HCPOA is, why it is helpful, and how to establish one for your college student!

What is a HCPOA?

A healthcare power of attorney (HCPOA) is a legally binding document that designates an adult (known as the agent) to make vital medical decisions on behalf of another person if they are unable to make those decisions for themselves. Designating someone as your college student’s HCPOA does not take away their ability to make their own medical decisions. Still, in the event of an emergency, the HCPOA can assist in making important decisions. Examples of potential events where you would need a HCPOA include an accident that leaves your child unconscious, an illness that leaves them unable to communicate, or if they go under general anesthesia. There are also other types of power of attorneys, including a financial power of attorney (POA), which allows an individual to manage financial decisions if your student is incapacitated.

Why is it needed?

Having a Healthcare Power of Attorney (HCPOA) for your child can be highly beneficial in the event of medical emergencies and in compliance with privacy laws. Once your college student is 18, parents legally do not have the right to make healthcare decisions for them or access their medical information due to HIPAA. With a HCPOA in place, if your child designates you as their HCPOA agent, you can access vital medical information or make medical decisions for them if necessary. Without an HCPOA in place, if your college student were to become incapacitated, you may have to gain guardianship legally through the court system, which can be a complicated and drawn-out process. If your child requires an urgent medical decision, it can pose a threat to their health and safety. For most parents, HCPOAs provide peace of mind that their child’s best interests and wishes will be granted should they become unable to make those decisions themselves. As they begin their new journey, a HCPOA can allow a parent to protect their child still.

How do you get an HCPOA?

To establish an HCPOA, we recommend consulting with an attorney to discuss the process. There are numerous legal documents and compliance rules to follow to ensure legitimacy, so receiving guidance and advice can help make the process smoother. For instance, if your child is attending college in a different state, you may need to sign multiple documents to ensure legitimacy in both states. It is also helpful to consult with an experienced attorney to determine any limitations and restrictions. You should also discuss with your child the importance of an HCPOA, how it will benefit them, and ensure they understand the documents they will be signing. We recommend keeping multiple copies and distributing them to the relevant individuals, including your child’s healthcare provider.

Sending your child away to college is already stressful enough, and knowing that you can help protect them with a HCPOA makes it a little easier to send them off! Consider implementing a healthcare power of attorney, so you can have peace of mind knowing that you will be able to make informed decisions about their care should you need to. Leslie Craft can help you with drafting and finalizing these documents before your college student starts school. Contact us today to get started, 252-752-0297.

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Estate Planning Tips

What to Plan For

Your estate plan is more than just a document that directs your inheritance. It also expresses your final wishes, protects your loved ones, and can even help them determine end-of-life care for you if you become unable to make that decision yourself. When it comes to estate planning, there are many boxes to check off in order to ensure it is legitimate and legal. Check out our top 6 most important estate planning tips below, and let the Craft Law Offices help you protect your assets.

Create a Will

The first step in estate planning is gathering the documents and information you need to create a will. A will is a legal document directing all your assets and wealth after your death. Whether your plan is to pass down your assets to family members or donate everything to charity, this document is crucial to have in place before you pass to ensure that your personal belongings are handed down the way you intend. A will also determines things like who will become the guardian of your minor children, or who is to take over your business. Remember to leave your family with peace of mind knowing your affairs are in order.

Establish a Trust

A trust differs from a will, as it holds certain assets for the beneficiaries and gives you more control over when and how your assets are allocated. A trust can also help you and your beneficiaries avoid the probate process. There are various kinds of trusts, including revocable living trusts, irrevocable trusts, special needs trusts, and charitable trusts. You should choose the trust that works best for you, depending on your situation and needs.

Designate Your Beneficiaries

When creating your estate plan, determine who you want to accept your assets. This will prevent any confusion or squabbling down the road after you have passed. Designating beneficiaries will also ensure that your assets and belongings will go to whoever you intend, leaving little room for misinterpretations. You should also be sure to assign other roles, including an executor and a trustee.

Plan for Incapacity – Consider Advanced Directives

Include any advanced directives in your estate plan to protect yourself and ensure your wishes and intentions are honored. This gives you the option to appoint people in your life that you can trust to respect your wishes and have your best interests in mind when making decisions. It is never too early to begin working on your estate plan. You should always consider every possible situation, and plan for instances where you may not be in the state of mind to make crucial, life-changing decisions. Important directives to consider include:

  • Advanced healthcare directive – a legal document that details your wishes for healthcare services if you become incapacitated.
  • Healthcare power of attorney – an individual you choose to make healthcare decisions for you and ensure your wishes are fulfilled if you become incapacitated.
  • Durable power of attorney – an individual you choose to make financial decisions in your name if you become incapacitated.

Regularly Review and Update

You may believe that after it’s all said and done, your estate plan is good to go and can be stored for safekeeping. But – it is not a one-time task! You should review and update your estate plan at least once every 5 years. You should also consider editing it if you experience any life-changing event, including a marriage, divorce, birth, death, etc. If your plan is outdated, it may be void. Keep up with your estate plan to ensure your loved ones do not have to deal with the stress or hassle of an outdated one after you are gone.

Seek Legal Assistance

The most important part of creating your estate plan is ensuring it meets the law’s requirements and will be correctly executed upon passing. We recommend contacting the professionals at Craft Law Offices to assist you in creating estate plans and updates. Our professionalism and experience will help ensure that you understand laws that may affect your situation, are aware of any tax-saving strategies, and that your estate plan is legally binding. Protect yourself and your loved ones by hiring a professional. Contact us today at 252-752-0297.

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