Visiting your attorney to get your estate plan done is one New Year’s resolution that you should definitely keep. None of us knows whether or when we may find ourselves seriously injured or sick. But if it does happen, you may not be able to speak for yourself. That’s why it is so important to prepare your estate planning documents well in advance of emergencies.
Powers of Attorney and Advance Directives
For one, you can prepare for an unforeseen medical emergency with documents known as advance directives. These include a living will and powers of attorney. These documents can prove essential if you’ve become unable to manage your affairs after a serious injury or illness.
With a medical power of attorney, you can appoint someone you trust to act in your best interest if you need medical care. In a critical medical situation, you may not be able to communicate your wishes. This appointee would have permission to talk to your doctors on your behalf about the treatments you would (or would not) want to receive. (In certain states, you may hear an attorney refer to this document as a health care power of attorney.)
You can also choose a trusted person to handle your financial matters if you become unable to do so. For example, if you have fallen ill, you may want to focus your energy on getting better. You can appoint someone to manage such financial tasks as managing the payment of your bills. This is your durable financial power of attorney.
These estate planning documents are among those that can help prepare you and your family for unexpected life challenges.
Going Over Different Emergency Scenarios
Talk to the people you designate as powers of attorney about the role they will play.
With a medical or health care power of attorney, discuss the kinds of treatment you would wish to accept or avoid and why. You may have to consider some difficult questions. For example, would you opt for or against life-saving interventions like CPR or a ventilator?
Your reasoning will help the person serving in this role base any decisions they make for you on your preferences and beliefs. A medical situation may arise that you had not had an opportunity to foresee and discuss. The more your health care power of attorney knows about your wishes, the better. You want them to have a clear sense of what choices you would have made if you cannot communicate with your health care providers.
Wills and Trusts
And if the worst happens, your will or trust should contain a list of assets as well as how to locate or access them. Each of these estate planning tools can prove essential to your heirs, but they have their differences.
A will takes effect only after you have passed away. In essence, it outlines whom you want receiving your possessions upon your death.
Wills are not exclusive to wealthy individuals. For instance, if you have a minor child, you can name a guardian for them in your will. Without a will in place, you could risk having the laws of your state make the determinations about how to divide up your property.
A trust is an arrangement through which an individual (or entity) holds legal title to property for someone else. Trusts, in contrast to wills, become effective as soon as you’ve created them.
In your estate plan, you can name an individual as your personal representative (executor) or trustee. This person must ensure that your loved ones receive your money and property after you pass away, according to your wishes.
A properly drafted will or trust can save your heirs a great deal of time and money during the estate or trust administration process. In addition, these kinds of documents may also help to prevent potential arguments among family members over your property.
Estate and Trust Administration
If you have a will in place, your executor must then navigate probate to settle your estate. The probate process can sometimes be overwhelming, costly, and time-consuming.
Meanwhile, a trust may avoid probate, but your trustee may not be familiar with their administration duties.
To close the estate, executors and trustees may be responsible for each of the following:
- gathering and evaluating your assets,
- paying debts,
- filing final tax returns, and
- distributing your assets to your loved ones, according to your wishes
In the case of a trustee, this is a fiduciary role. This means that they can be liable for any mistakes they may make during the administration process. Professional guidance from your attorney helps to avoid this.
You can also ensure that your attorney is there to advise your family after your death. They can take care of the probate process or administer your trust as well as manage the estate properly while proactively avoiding potential problems.
Think of your preparedness as offering your loved ones a sort of reprieve. By making your wishes clear in a comprehensive estate plan, you’ll be allowing them to focus on coping with their grief.
