 By Attorney Edward Jesson - Updated June 2025
While preparing a child to start college in the fall, one important consideration is creating legal powers of attorney allowing you to make healthcare, financial, or legal decisions for your child in the event of an emergency. Once a child turns eighteen, the child is considered an adult by law, which means that parents are no longer given access to their child’s financial, health, and educational records without the adult child’s consent. In an emergency, a child may not be able to give consent, and having power of attorney documents in place in advance will grant the parent access to their child’s information without having to resort to court intervention. It is important to note, that your children must be 18 in order to sign these documents. A Healthcare Power of Attorney allows a person to name an agent to make healthcare decisions on their behalf if the person is unable to communicate their wishes to their medical providers. Both the Health Care Power of Attorney and HIPAA release allows medical providers to share private health information with a designated agent. Without these authorizations, medical providers are legally prohibited from releasing such information. No parent should be put in the position of being in a different state from their child and being told that their child has been hospitalized, but the hospital is unauthorized to release any other information about the child’s condition or care. A Healthcare Power of Attorney can avoid this situation and allows parents to easily step in and access medical information during an emergency. It also allows your child to include instructions relating to their healthcare, including wishes related to organ donation or wishes relating to religious or cultural practices. The student can keep these documents on file with their university or medical provider so that it can be easily accessed if needed. A Durable Power of Attorney allows a person to name an agent to make legal, financial, and business decisions on their behalf if the person becomes incapacitated (unable to handle their affairs). It can be used to allow parents to help pay a child’s bills, access the child’s personal bank account or education records, or manage the child’s finances or legal decisions in an emergency. Without a Durable Power of Attorney, you would not be able to manage these decisions during an emergency without first being appointed by a court as the child’s legal guardian—which can be a lengthy process. If your child is heading to college out of state without legal documents in place, that state’s laws will determine who can make decisions if your child becomes incapacitated. In North Carolina, if an unmarried adult doesn't have a health care power of attorney, a majority of their parents can make medical decisions together. But other states may not name a default decision-maker at all. For legal or financial matters, no state, including North Carolina, automatically allows parents to act; you'd have to go to court to be appointed as your child’s legal guardian. The guardianship process can be stressful, time-consuming, and expensive, especially during an already difficult time. Having powers of attorney in place before your child leaves for college ensures you can step in during an emergency without court involvement. If your child is a North Carolina resident and executes North Carolina documents, these documents are generally valid in other states. Parents should know that the adult child must be the one to hire the attorney, and they are free to name anyone they want to serve in these roles. With orientation right around the corner for most college-bound young adults, be sure to add “prepare a young adult legal plan” to your family’s pre–move-in checklist. Having these critical documents in place will give you peace of mind, knowing you can support your child when they need it most. Finally, now that your child is entering adulthood, it may be a good time for you to review your estate plan to make sure that it still meets all of your goals. Please call Jesson & Rains if you have questions about these documents or want to learn more about protecting you and your child’s interests through estate planning.
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 By Senior Associate Jeneva A. Vazquez
As estate planning attorneys, we often receive calls from the family members of small business owners after the owner has become incapacitated or passed away. These conversations are emotional and stressful, and without proper planning, a business can quickly become tangled in legal red tape, disrupting operations and harming its value. If you are a solopreneur or small business owner, estate planning isn’t just personal—it’s a business necessity. If you are suddenly unable to run your business due to illness or injury, business operations can come to a halt in a matter of days. Without a valid power of attorney in place, no one—not your spouse, family, or team—has the legal authority to access business bank accounts, sign contracts, or make payroll. Incapacitation can jeopardize your employees’ paychecks, your clients’ trust, and your company’s survival. With a plan in place, you can designate someone you trust to step in and keep things running smoothly if you're ever unable to do so. Another common issue arises when trying to prove business ownership after death. Unfortunately, family members are oftentimes left with documentation that rarely provides the level of detail needed to prove actual ownership. Sometimes when people form an LLC, the Articles of Organization filed with the Secretary of State’s office will list out all the owners, but not always, and in those cases where they are not all listed, an operating agreement is needed. However, if your business is a corporation, the owners are NEVER listed on the Articles of Incorporation. The business must issue share certificates or the owners must enter into a shareholder agreement to show ownership, and we find that frequently does not happen. Without formal documentation of ownership, survivors may struggle to access accounts or make critical decisions. Additionally, these same formal business documents help protect you during your lifetime from business liabilities, so it’s really important that businesses are set up properly. Finally, as a business owner, meeting with an estate planning attorney is important in order to help keep your business interests out of probate when you pass away. Probate can delay business continuity for months or longer. During that time, no one may have the authority to access business funds or formally transfer ownership. Probate is also a public process, meaning sensitive business information can become part of the court record. Using trusts can allow your business interests to bypass probate and ensure a quicker, more private transition in line with your wishes. At our firm, we help business owners like you create custom estate plans that reflect your goals and protect what you’ve worked so hard to build. We also help you proactively set up the legal foundation of your business. Contact Jesson & Rains to help you secure your business, your legacy, and your peace of mind. While You Build, We Protect.®  By Senior Associate Heather McKaig
A Power of Attorney (POA) is one of the most important documents in an estate plan, but it’s also one of the most misunderstood. It allows you to name someone you trust to be your agent and handle your legal, financial, or medical decisions if you become unable to do so. There are two types of POAs commonly used in estate planning. A Durable General POA is used to manage financial and legal matters and it stays in effect even if you become incapacitated. A Healthcare POA appoints someone to make medical decisions when you are unable to make or communicate your own decisions. Both documents are meant to provide support during your lifetime, especially in times of illness or incapacity. One common misconception is that you can obtain power of attorney over a loved one or family member and become their agent. Power of attorney is given to the agent, the agent doesn’t go and get it. A person chooses their agent and appoints them by signing the POA. If your loved one is already incapacitated, they can’t sign the POA document to name you as their agent. To act as an agent for someone who is already incapacitated, a court proceeding appointing a guardian is required. Another misconception is that an agent can use a POA to act for someone after they have died. A POA is only valid while the person who created it is alive. The moment that person dies, the agent’s authority ends. An agent can no longer access bank accounts, sell property, or make decisions on behalf of the deceased. Any attempt to act under a POA after death has no legal effect and any such action would create problems for the estate. Once someone dies, any assets in their name alone become part of their probate estate and the Will, or a Trust if one exists, takes over. To access or manage the probate estate assets, someone must be appointed by the court as the Personal Representative of the estate (also called an Executor or Administrator). This person is usually named in a Will, or, if there’s no Will, appointed based on state law. This is why a POA is just one part of a complete estate plan. A POA is critical for handling things during life, but it doesn’t help after death. For that, you need:
A POA is an essential tool for managing life’s unexpected turns. But it’s not designed to handle what comes next. That’s where your Will, Trust, and estate plan step in. If you’re unsure whether your current plan covers everything it should—during life and after—we’re here to guide you through it.  By Attorney Edward Jesson
When you're building a family, planning for the future often focuses on saving for a home, childcare, or college. But one of the most important and often overlooked steps is creating a solid estate plan. In North Carolina, having a will and other key legal documents in place can give your family peace of mind and security, no matter what the future holds. Why Young Families Need a Will A will isn't just for the wealthy or elderly — it's essential for anyone with dependents. A will lets you:
In North Carolina, a valid will must be written, signed by you, and witnessed by at least two people. Notarizing the will makes it easier to prove in court after you pass. While handwritten (holographic) wills are allowed in some cases, they are harder to prove and easier to contest. Beyond the Will: Essentials for Families A complete estate plan for young families should also include:
Don’t Leave It to Chance If you pass away without a will (called dying intestate), North Carolina law will decide who inherits your property — and who cares for your children. That may not align with your wishes. Estate planning doesn’t have to be complicated. For most young families, starting with a basic will and power of attorney documents is a smart first step. As your family and finances grow, you can adjust your plan. Protecting your family’s future starts with a plan today—call the lawyers at Jesson & Rains, PLLC to see how we can help you plan for the future.  By Senior Associate Heather McKaig
We frequently get panicked phone calls from parents who have spent so much time planning their first vacation away from their kids that they forget to plan for worst case scenarios if something happens to them while they are traveling, and they’re leaving in just a few days. We can alleviate worry while travelling with our Kids’ Protection Plan. Naming long-term guardians in a will is crucial, but it is often insufficient to fully safeguard your children if something happens to you. A will is only filed after you pass away, and won’t account for some risks of travel, i.e, if you are detained, delayed, sick, or injured while abroad. The appointment of a legal guardian in those situations might take weeks. To eliminate any gaps in your kids’ care plan, we offer comprehensive services that go beyond naming guardians in a will. Our Kids’ Protection Plan covers every detail: Temporary Standby Guardian Appointment: Legally appoint trusted individuals who can quickly respond to your children, ensuring they are never placed in state custody if something happens to you (even for a short time). This is especially critical if your long-term guardians are not within 20 minutes of your child. Instructions to Caregivers: We provide an emergency response plan for babysitters, your child’s school, or any caretaker, detailing exactly what to do in case of an emergency. This directs your children to be placed with legally appointed Temporary Standby Guardians, reducing the risk that your children will ever wind up in state custody. Emergency ID Cards: ID cards for your wallet inform first responders that you have minor children and provide contact information to ensure your children are always in the care of those you have selected. Exclusion of Guardian: Clearly specify individuals whom you would never want to raise your children under any circumstance. Power of Attorney and Medical Power of Attorney: Appoint someone you trust to make important decisions or provide medical authorizations for your children if you are unavailable and a long-term guardian has not been appointed yet. Instructions to Guardians: Share crucial life-shaping guidance with your children’s guardians, including values, family traditions, education plans, discipline, spiritual upbringing, and other important wishes on how you want your children raised. Recorded Legacy Interview: Preserve your intangible assets in a recorded interview that can be shared with your children and loved ones— your stories, values, and insights. While you plan the logistics of your next vacation, it’s essential to explore the logistics of “what would happen” to your kids if something happens to you. Make sure there are no gaps in your plan and that your decisions are legally documented. Our Kid Protection Plan is now included with all levels of our estate planning. Call us to learn how we can help you implement this protection plan for your minor children.  By Senior Associate Jeneva A. Vazquez
After 10 years at Jesson & Rains serving estate and business clients—and with more than a combined 45 years of experience among our estate planning team—we have seen and heard a lot. A few questions come up almost daily from our clients:
After years of answering these questions and seeing firsthand the challenges families face, we’ve worked hard to create a comprehensive solution. We are thrilled to introduce our Legacy Support Program designed to provide ongoing support, easy access, and peace of mind for you and your loved ones. What is the Legacy Support Program? The Legacy Support Program is an annual, flat-fee service, offering different levels of support based on your needs. Our tiered service options help keep your assets properly aligned with your plan, ensure they are easy to locate and administer, and provide your loved ones with seamless access to essential information through every stage of life and beyond. Key Benefits of the Legacy Support Program: Easy Access, Anytime, Anywhere • Through our new client app, your most important documents are always at your fingertips. You, your spouse, and trusted loved ones can access them instantly when needed. You’ll also gain access to our trusted referral network and important legal updates. Peace of Mind, Year After Year • Laws change, families evolve, and assets shift. With our ongoing support, we ensure your plan works efficiently when your family needs it most. Estate planning isn’t a one-time event. Keeping your plan and assets up to date is essential to ensuring everything functions smoothly when it matters most. Comprehensive Support for Business & Personal Legacy • As you build your business and acquire assets, our program offers proactive, strategic legal guidance with hands-on support, ensuring your business and personal legacy are protected every step of the way. Choose the Right Plan for Your Needs We offer three levels of planning, so you can select the right level of support for you and your family: • Foundation Plan – A strong foundation for maintaining estate planning essentials, including access to our client app, ongoing asset support, and keeping your asset information current. • Architect Plan – A blueprint for your evolving legacy, providing enhanced support and strategic adjustments, including updates to your plan and additional communication. • Fortress Plan – Proactive strategic guidance with hands-on support. We help you build, refine, and safeguard a lasting legacy with comprehensive asset transfers and plan updates. Great for real estate investors and business owners. Estate planning doesn’t stop once documents are signed—it’s an ongoing process, and we’re here to be your planning partner for life and beyond. With the Legacy Support Program, you can rest easy knowing your family has secure access to your plan, your assets are properly maintained, and your loved ones will have the guidance they need when it matters most. Ready to secure your legacy with confidence? Contact us today to learn more about the Legacy Support Program and find the right plan for you. For existing and past clients, we are offering a special promotion to waive our one time “catch-up fee” if you sign up in the 30 days. |
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