When people create their estate plans, it is generally considered a good idea to include advance directives as a part of them. This is because they help to avoid some of the biggest legal hurdles you or your loved ones may face as you get older. But what exactly are advance directives, and why exactly are they potentially important for your estate plan?
What Are Advance Directives?
In simple terms, advance directives dictates what happens if you become unable to handle your finances or are unable to make health care decisions. One advance directive is a power of attorney, which can be used to give someone the authority to make financial decisions on your behalf if you are unable to make financial decisions on your own due to incapacity or unavailability. Another advance directive is a healthcare proxy, which grants someone the power to make healthcare decisions on your behalf if your are unable to make those decisions yourself. Another Advance Directive is a living will, which can lay out what medical procedures you would or would not consent to if no one know what your wishes are and you are unable to communicate your wishes.
How Do Advance Directives Work?
If you become unable to care for yourself or make your own decisions, any advance directives you have in place will come into effect. These advance directives will appoint someone to handle your affairs on your behalf, while also allowing you to dictate your personal wishes with regard to important matters like healthcare. These documents are considered legally binding, meaning doctors and other people can be sued for violating your wishes.
Why Do You Need Advance Directives?
The reason to put advance directives in place is to ensure you do not face issues related to confusion over who is responsible for handling your affairs. For example, without a power of attorney or healthcare proxy in place, your loved ones may need to go to court to seek a legal guardian to handle your legal, financial, and medical needs. This can be a costly and time consuming process, and may result in someone you do not know or trust being placed in charge of your care.
What Should You Do?
To ensure your wishes will be respected, you should make sure to have a comprehensive estate plan in place, including a set of advance directives that suit your needs. You should speak with a lawyer with experience handling estate or elder law matters, who can help you craft an estate plan that suits you. The sooner you call, the sooner they can get to work on your behalf.
If you or a loved one are dealing with legal issues related to estate planning, or you are dealing with any other issue related to elder law, you will need specialized legal advice. The attorneys at Hobson-Williams, P.C. are skilled in all aspects of elder law, and are dedicated to representing clients with diligence and compassion. To speak to an attorney or to schedule a consultation, call 866-825-1LAW.
