An Estate Attorney I know ends his elevator pitch with“When there’s a Will…there’s relatives”. The quip is always well received with some knowing chuckles. However when there is no Last Will and Testament, the State will choose your inheritors by an order developed by the legislative body. It’s usually the order of: Spouse, Children, siblings, and so on. If you have not decided who to leave your worldly possessions to, then the government will decide on your relationships. It’s best for you to decide who gets what and how much based on your feelings towards those you love.
So what if something happens and you don’t die but become incapacitated and are unable to make decisions? Of course we don’t like to think about this but as we all know “life happens”. A Power of Attorney is a legal form giving powers to someone to make decisions about your property. It also allows the person with the Power of Attorney to apply for entitlements such as SSI and Medicaid. The person who is the POA must act on behalf of and in the best interests of the person they represent.
A Health Care Proxy
makes health care decisions when you are incapacitated and are unable
to make these decisions. You should have a discussion with your Health
Care Proxy about your feelings about end-of-life care (for example,
life-saving measures and the costs) and if given choices, how you would
want to die.
If you do not have a Power of Attorney and a Health Care Proxy a Guardianship proceeding may ensue. Check with your State to find out the laws. Guardianships can be costly and time consuming and can be easily avoided.
All of these forms are available online or at stationary stores. However it is strongly recommended that you seek an attorney’s advice and counsel on all of these matters and have them draw up these legal documents.
