The Law Office of Marissa Garcia

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Guardianship matters require special attention, and unfortunately, many people do not know when one is required.  If you are being told by a school administrator, a medical professional, social worker or the like that your child, sibling, parent, or any loved one needs a guardianship please contact Marissa Garcia immediately to confirm if a guardianship is actually necessary or if there may be a less restrictive alternative.  The guardianship process can seem daunting, however, Marissa Garcia is available for a FREE 30 minute consultation where she will advise you if a guardianship is necessary, and if so, guide you with a road map on the guardianship process.


When a loved one dies without a Will, an Heirship proceeding is necessary to determine the last known heirs of the decedent. Following the heirship, an Independent Administration may be pursued to properly settle the decedent's estate. Like guardianships, most people are unaware of their need for an Heirship and Independent Administration. To ensure proper distribution of assets when your loved one passes without a Will, call Marissa Garcia for a FREE 30 minute consultation.

In the event your loved one passes and does leave a Will, the Will must be probated and taken through the proper legal channels.  Simply holding a Will in your hand which reflects you are entitled to the deceased's assets is insufficient.  If you are named Executor or Beneficiary in someone's Will you may bring forth an action to probate the Will.  If you are in need of assistance in Probate, call Marissa Garcia for a FREE 30 minute consultation.


It seems we go the extra mile to ensure our lives are properly maintained. We pay our bills on time, see the doctor regularly, and maintain steady employment for our own good and the good of our loved ones.  Why then do we often ignore the need to make a Last Will & Testament?  Call Marissa Garcia for a FREE 30 minute consultation and inquire about making a Last Will & Testament and other end-of-life documents to protect your final wishes and your loved one's rights.  While it is not something we prefer to think about, you will be relieved once you have taken the time to draft these documents with a knowledgable attorney knowing your loved ones will not be burdened with dividing your estate on their own during their time of grief and sorrow.


Should you have the misfortune of becoming incapacitated for any reason, somehow you would still have to continue paying your mortgage, car note, bills, etc. so as not to lose any of your assets.  To ensure that the person YOU TRUST to handle these matters would take charge of your affairs in the event of your incapacitation you must have a properly drafted Durable Power of Attorney. Likewise, if incapacitated, you would also need someone to make medical decisions on your behalf.  These rights would be laid out in a Medical Power of Attorney delegated, again, to the person YOU TRUST most.  

Also on the minds of many is the need for an Advance Directive to Physician (A Living Will). With this document you can state your wishes as to various medical procedures such as to have or not to have CPR, a respirator, gastrostomy, etc. should the need arise.  All of these documents should be considered heavily by you and possibly your immediate family if you choose.  None of these decisions should be taken lightly and because every individual has different needs and desires, all end-of-life documents should be customized according to the individual client.  Templates and broiler plate forms found online are basic and mediocre and usually don't address all pertinent issues for most clients.  

Finally, a Pre-Need Designation of Guardian is highly recommended for everyone with minor children.   You may create this document for your minor children's interest to select a guardian YOU TRUST to be appointed to your children in the event of your death.  This document allows you, even after your death, to have a voice in your minor child's guardianship proceeding.  The Designation of Guardian tells the Court who YOU TRUST to be your children's guardian should you pass before they become legal adults.  If you are ready to take control of your end-of-life needs, call Marissa Garcia for a FREE 30 minute consultation.


None of these areas of law should be taken lightly.  The information above is merely a general synopsis and NOT legal advice.  Each case and client requires independent legal evaluation as no two cases are the same.  Don't trust these matters to just anyone.  Call Marissa Garcia NOW for a FREE 30 minute consultation.  You will be glad to tell your story and have Marissa customize your case according to your (and your family's) needs.