Medina Estate Planning

For families and individuals in Medina, Ohio, proactive estate planning is essential to protect your assets, control your legacy, and ensure your healthcare wishes are honored. While based in Wadsworth, Attorney Daniel F. Gigiano offers focused and experienced estate planning services specifically designed to serve the needs of the Medina County community.

Comprehensive Estate Planning Tools

We believe in giving you the power to choose your future. Attorney Gigiano takes the time to discuss potential situations and clarify your wishes, ensuring your plan truly reflects your intentions and avoids costly, time-consuming probate court interference.

Our core estate planning services include:

• Wills

• Durable Powers of Attorney (Financial)

• Health Care Powers of Attorney

• Living Wills

Wills: Directing Your Property and Guardianship

A Will is the foundational document that dictates how your probate property will be distributed upon your death. It ensures your assets pass to your chosen beneficiaries, not solely to the nearest relatives according to state law.

Key Information Provided by Your Will:

• Executor Nomination: Naming the person responsible for administering your estate.

• Waiver of Bond: Often saving legal expenses in probate proceedings.

• Guardianship for Minors: Informing the court of your preference for guardians of minor children.

For a Will to be valid in Medina, Ohio, the person must be at least 18, of sound mind, and the document must be written, signed, and witnessed by at least two people (with limited exceptions). Professional judgment is required to draft a Will that avoids pitfalls and best suits your family’s situation.

Durable Powers of Attorney (DPOA): Financial Control

A Durable Power of Attorney for finances grants another person, known as the attorney-in-fact or agent, the legal authority to manage your financial matters. This is crucial for seamless management if you become temporarily or permanently incapacitated.

• Immediate vs. Springing Authority: The DPOA can grant authority immediately upon execution or “spring” into effect upon a specific event, such as a determination of incompetence by two examining physicians. (Note: A springing DPOA may require the agent to provide proof of the triggering event.)

• Protection Against Creditors: Using a DPOA is generally superior to adding family members as joint holders on bank accounts, as joint accounts can expose your assets to the family member’s creditors.

• Limited vs. General: When possible, a limited specific power of attorney (e.g., for a single real estate transaction) is preferable to a broad, general power. This reduces the risk of misuse, particularly since many real estate-related powers of attorney are often recorded as public documents.

Health Care Powers and Living Wills: Honoring Your Medical Wishes

These two documents ensure your personal healthcare decisions are respected, even if you cannot speak for yourself.

Health Care Power of Attorney (HCPOA)

An HCPOA gives an agent the power to make medical decisions on your behalf if you are unable to communicate them yourself. This authority is binding and must follow your stated wishes, including any instructions within your Living Will, regardless of whether your condition is terminal.

Living Will

A Living Will provides a clear roadmap of your wishes regarding the use of life-support, artificial fluids, and feeding in the event you become terminally ill or permanently unconscious.

• It is only used when you are unable to communicate your desires.

• You can revoke or change your Living Will at any time; however, no one else can revoke or change it on your behalf.

Start Your Medina Estate Plan Today

Attorney Gigiano provides the guidance needed to navigate these complex documents, ensuring your true wishes are legally documented and protected.

Protect your family and your legacy. Contact Daniel F. Gigiano Co., L.P.A. at (330) 336-3330.