Estate Planning is not just about what happens when you pass away, but also preparing for when you might need some extra assistance. Our experienced attorneys provide guidance and assistance in creating essential legal documents that address key aspects of personal and healthcare decision-making. Some of the most important documents we help our clients establish include:
Durable Power of Attorney
A Power of Attorney is a legal document that grants another person the authority to make financial, legal, and business decisions on your behalf. This document is especially important in the event you become incapacitated or unavailable to manage your affairs.
Having a Power of Attorney in place ensures that someone you trust can manage your finances, sign documents, and handle other important matters if you are unable to do so.
Designation of Healthcare Representative (or Healthcare Proxy)
A Designation of Healthcare Representative is a document that designates someone to make medical decisions on your behalf if you become unable to communicate your preferences due to illness or incapacity. Your designated agent will have the authority to consult with healthcare providers and make decisions regarding treatments, procedures, and end-of-life care based on your wishes ore best interests.
It is essential to select someone who understands your values and can make tough medical decisions on your behalf. Without a Designation of Healthcare Representative, medical decisions may be left to a court-appointed guardian or a hospital, which may not align with your preferences.
Instructive Directive (or Living Will)
An Instructive Directive provides written instructions about your wishes for medical treatment, especially at the end of life. This document is used to guide healthcare providers and family members when you are unable to express your desired about life-sustaining treatments and interventions, such as whether you wish to receive life support if you are in a terminal condition, your preferences regarding pain management, or whether you want to donate your organs after you pass away.
The Instructive Directive is typically used in conjunction with the Designation of Healthcare Representative, to ensure your medical care aligns with your personal values and beliefs.
Agent for Disposition of Remains
You can designate someone to make decisions regarding the handling and disposition of your remains after your death. This person will have the authority to arrange for burial, cremation, or other funeral service, according to your expressed wishes.
Designating an agent prevents disputes over your final disposition, and by including instructions ensures that your preferences are respected, which can relieve your family from difficult decision-making during a time of grief.
Guardianship
Guardianship is a legal relationship where a court appoints a guardian to care for an individual who is unable to make decisions for themselves due to incapacity, age, or disability. Guardianship can apply to minors or adults, and the guardian has the authority to make decisions regarding the person’s welfare, education, healthcare, and finances.
If you have minor children or loved ones who are incapacitated, a guardianship plan can ensure their protection and well-being. You can appoint a guardian through your estate planning documents or the court may appoint one after assessing the person’s condition.
Each of these legal documents serves a distinct and critical purpose in ensuring that your wishes are carried out when you are unable to manage your own affairs. Having these documents in place can prevent disputes, reduce confusion, and offer peace of mind to both you and your loved ones.