With the widespread pandemic of Covid 19 and its often debilitating effects, it is important to have a plan in place in case you are incapacitated. For instance, who will make health care decisions for you if you are unable to? Who will take care of your finances, or your children or pets? Who will apply for government benefits for you if needed and appropriate? And if you should pass away, who do you wish to provide for and how do you wish to provide for them?
These questions can be simply answered by speaking with an attorney about your wishes and objectives, and preparing a Health Care Proxy, Power of Attorney, Last Will and Testament and possibly a living or testamentary trust. Please call the office for more information and to set up an appointment.
In the absence of these documents, it is possible that a guardian may need to be appointed for you to provide the assistance needed. Guardianships are expensive, invasive and costly. Therefore, I recommend that you have the following three documents at minimum:
- Power of Attorney
A power of attorney is a legal document that gives someone else the right to make legal and financial decisions on your behalf. While a power of attorney can be limited in various ways, one of the most common ways to use a power of attorney is to authorize someone (your “agent”) to handle affairs such as bill paying or banking. The range of powers you can authorize an agent to do can be as limited or as expansive as you choose. You can provide for care for any children or other dependents you may have, including care for pets. Further, you can prepare the power of attorney now and not have the agent be able to use it until a future date. This is because the agent cannot use the power of attorney until he/she signs as agent. Any action that an agent takes must be in your best interest. The only activity an agent under a power of attorney cannot do is make health care decisions. For that, an agent must be appointed under a health care proxy. You can also make appointments
- Health Care Proxy
A health care proxy, similar to a power of attorney, grants someone you appoint as your agent the authority to make health care decisions for your if you are unable to make them yourself. The document states that your agent knows your wishes for health care and in particular for artificial nutrition and hydration. Therefore, it is best that you speak with your agent concerning your wishes when you make the appointment.
- Living Will
A living will is unlike the other two advance directives because it does not involve another’s input into your decisions. Instead, a living will allows you to make decisions in advance about certain kinds of care you would like to receive if you are not expected to regain a quality of life—i.e. if you are being kept alive by artificial means. It covers care such as: whether you want to be resuscitated if your heart or reathing stops, whether you would like to be intubated, whether you want any secondary condition treated (e.g. an infection not related to your primary condition) or other decisions about similarly invasive or extreme medical procedures.
4. Living Trusts
There are many different types of trusts that can be of value to you while you are alive and also to pass assets to your desired beneficiaries on your death without the need to probate. Unlike a last will and testament, where your nearest living relatives need to be advised of and provided with a copy of your Will, a trust is a private document, and because it does not necessarily need court intervention to distribute, is less costly and more easily passes its assets to your intended beneficiaries.
Do not wait until it is too late to arrange for your advance directives. If you or your loved ones are dealing with issues related to elder law, trusts, estates, or real estate, please give the law offices of Mary LaManna-Ulrich a call at (516) 804-2931. We will be happy to provide a consultation and work with you to figure out how best to address your personal concerns.