FFFP – October 7, 2022 – Estate Planning and Legal Authority

Presented by:

Sarah C. Aviles
Attorney at Law, McCandlish Lillard

Tia Marsili
Director of Trusts, The Arc of Northern Virginia

An estate plan is a critical part of future planning for loved ones with disabilities. It ensures that your values, wishes and legacy will be preserved and passed on when you’re gone. An estate plan also limits litigation, taxes and expenses for your family and heirs.

If you do not have a will when you pass away, State Laws (Statute) and/or the court system will decide who your heirs are and how much they receive. Unfortunately, nearly 60% of adults in the US do not have a will, and almost 50% of adult Americans have not named someone to make their healthcare decisions if they are incapacitated.

A comprehensive estate plan empowers you to:

• Protect family wealth and privacy.
• Ensure that your wishes and family needs are met.
• Plan for your own needs.
• Dispose of assets according to your desires.
• Minimize taxes and expenses.

In particular, parents of children with disabilities must exercise extra care in setting their estate plans. Remember, you are planning for your future as well as your child’s. The right planning will protect your (adult) child’s inheritance while retaining their eligibility for public benefits.

As we always say “It’s all in the planning.” Legal authority refers to who may act on your behalf when you ask them to, or if you are unable to do so, depending on the circumstances. There’s a spectrum of options. These need to be part of your planning as well.

This First Fridays Futures Planning webinar will guide you to strategize, plan and execute an approach to secure your financial future and that of your child. The goal is to bring you peace of mind. Wouldn’t it be wonderful to know that you have a plan in place to manage the financial security of your future as well as your child’s?

Presented by:

Sarah C. Aviles, Attorney at Law, McCandlish Lillard

Sarah Caitlyn Aviles concentrates her practice in the areas of estate planning, trust and estate administration, fiduciary representations, guardianships and conservatorships, and civil litigation.

As an estate planning attorney, Sarah advises clients on planning for family financial needs, probate avoidance, and incapacity. She has prepared hundreds of estate plans, including revocable and irrevocable trusts, wills, financial powers of attorney, advance medical directives, living wills, appointments of standby guardian, and deeds. Sarah utilizes estate tax planning, small business planning, and special needs planning, as necessary, to craft an estate plan for each client’s unique financial and personal circumstances.

Sarah received her J.D. from the William & Mary School of Law in May 2013, and her B.A. from the College of William & Mary in May 2009. While at the William & Mary School of Law, She was a published member of the William & Mary Journal of Women and the Law, Editor-in-Chief of one of the law school newspapers, and worked in the William & Mary Elder Law Clinic.

Sarah is a member of the Fairfax Bar Association and former member of the Virginia Academy of Elder Law Attorneys.