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Estate Planning: Health Care Power of Attorney

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Estate PlanningLast week, I started off with a mound of paperwork on my desk. After much time spent sorting, filing, and addressing, I have conquered my desk which is now clean.

Though I must spend time and energy completing that task, I always feel better when I know that I have not missed any matters needing my attention.

Speaking of not wanting to miss any matters, the next document housed in our estate planning file section is our Health Care Power of Attorney documents.

Depending on the laws of your state, you may need a Living Will instead of a Health Care Power of Attorney. But if you have a Health Care Power of Attorney, which includes your desires, you may not need a Living Will.

Before diving into these options, here’s a quick review of the documents housed in our estate planning category of file box 3:

Estate Planning Documents

Definitions

Though I am not an attorney, I have some basic knowledge of the Health Care Power of Attorney and Living Will documents from research and my time in the legal field. I will share this information with you, but only an attorney in your state or commonwealth can verify which type of estate planning documents you need.

For a complete estate planning package, one will have a Living Will or Health Care Power of Attorney or a combination of both. Per Wikipedia, these documents may also be called one of the following:

    • Advanced Directive
    • Personal Directive
    • Advanced Health Care Directive
    • Advanced Decision
    • Health Care Proxy

Living Will

This document includes your wishes pertaining to treatment should you become too ill or incapacitated to make decisions for yourself. You would choose whether you would want to be kept alive on life support, fed through a feeding tube, allowed pain medications, etc.

Should you become incapacitated, the medical facility would rely on your prior decisions via the Living Will to make health care decisions for you.

Health Care Power of Attorney

Within this document, one appoints an agent (or attorney-in-fact) to make all health care decisions for you. Within the Health Care Power of Attorney or Health Care Proxy, you give your agent full or limited rights to make treatment, feeding, and end-of-life decisions for you.

Should you become incapacitated, your agent would make medical decisions for you based on the limited or full rights granted in your Health Care Power of Attorney.

Combination Document

In looking over our Health Care Power of Attorney documents, we have a combination of the two forms. Our agent has full rights with suggestions of how we prefer treatment, pain medication, feeding, and more. Though we have expressed our desires, our agent has full authority as he or she can better access the situation at the time needed.

Choosing an Advanced Directive

When Paul and I worked with our attorney, Living Wills were a popular debate. I remember discussing if we should have both documents. In South Carolina, the medical facility could accept both documents, and then they would choose which to go by.

For us, we wanted our agent to have full authority (without the medical facility interfering or deciding which document to accept), so we chose to include our desires into the Health Care Power of Attorney. However, our agent can ignore those desires if he or she deems an alternative option a better solution.

I like giving someone I trust the ability to access the situation and to make the best decision for me. My agent is out for my best. So, if I need to be on life support to get a treatment, then do so – even if my desire was not be on life support.

When we made our decisions almost 8 years ago, we didn’t and still don’t know all the treatments available or the processes by which treatments must be administered. With our Health Care Power of Attorney, our agents help to works through the system without being tied to any document or prior decision.

Honestly, the best decision is made between you and your attorney. As laws are constantly changing, a well-informed attorney is your best source of information. These decisions are very personal and difficult to make, but they will help your agent make decisions for you when you cannot do so yourself.

As we come to the conclusion of the documents in our estate planning package, I have a few more items I keep within this 7th file opening of file box 3. Next week, I’ll share those last few items before concluding the first of four compartments for our estate planning documents. Happy organizing!

Question: If you have an estate planning package, do you have a Living Will, Health Care Power of Attorney, or both?

Estate Planning: General Power of Attorney

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Estate PlanningAs it is the middle of the month, my desk is once again beckoning me to sort, file, and toss paperwork that has built up for the last two weeks. If you are working through paperwork, then you understand. It really is never-ending.

When I used to work at my desk at home, I would get so distracted by the paperwork that I could not get much done. So, I typically blog and plan either at our dining room table or on the couch. Being close to the dishwasher and washer downstairs, I can monitor tasks while I check e-mail, write, and read.

Having a specified time during the month, allows me to concentrate on priorities knowing I will get to the paperwork twice a month. Visualizing a clean, organized desk motivates me to tackle those piles. Some stacks are larger than others, but what a great feeling when those items are all back in their rightful places.

One set of paperwork I rarely touch is our estate planning documents. Though definitely our most prized and important documents, our estate planning packages provide the details of our wishes when we leave this earth.

In beginning this category last week, I shared how I recommend hiring an attorney to create these documents for you. Having worked as a legal assistant for a few years, I understand the value of having the proper documents from your state of residence. If you do not have an estate planning package, then please start saving for one now. A little here and there will add up, but you must start somewhere.

For the estate planning package, both Paul and I have separate documents. However, the type of document is the same with the first document being our Last Will and Testament, and the second is our General Power of Attorney.

General Power of Attorney

Definition

A power of attorney authorizes one person to choose another person to act in their behalf. Each power of attorney is either a limited or a general power.

Limited Power of Attorney

This type is used when one gives someone permission to act for them in a particular matter. When I worked a private law firm, I frequently saw Limited Powers of Attorney.

If someone moved away and their home sold when they could not return for the closing, then the seller would give their representative a Limited Power of Attorney to transact the sale. Once the closing was over, then Power of Attorney was null and void.

General Power of Attorney

A General Power of Attorney is the whole kit and caboodle. This type gives full authority to the agent to act in any matter regarding finances and personal property. With a General Power of Attorney, nothing is limited. The agent has full, unsupervised reign over one’s property and possessions.

NOTE: The General Power of Attorney is only needed while one is alive. The value of this document allows me to name an agent to act on my behalf should I become incapacitated and unable to make decisions on my own.

The agent can make financial decisions for me (e.g., withdraw money, manage property, sign checks, etc.) At the time of my death, this document is void and my Last Will and Testament goes into effect.

Document Topics

Our General Powers of Attorney are 8 pages in length to spell out the exact powers given to our agents. These General Powers of Attorney are by far our most protected documents. A copy is just as powerful as the original.

With a General Power of Attorney, an agent can take possession of another’s life in acting on their behalf. These documents are necessary in the event one is alive and cannot make decisions, but keeping them safe should be a top priority. This information is not to scare you, but to caution you to choose your “home” for these documents and copies wisely.

My General Power of Attorney names my agent, defines specific powers relating to property, gives specific powers relating to personal affairs, and covers miscellaneous specific powers and other administrative and legal clauses.

Knowing that someone may need to step in to pay bills, collect insurance monies, and other financial affairs that I would normally do, I began this journey of gathering and storing our important documents. I have also chosen to record all the passwords I use for accounts, so my agent can carry on without disruption.

Though a General Power of Attorney is powerful, it is necessary for your protection. Choose your agent wisely as they will make your decisions without needing to consult you.

This document is limited to financial and property matter, not your health. Now, your agent can pay health bills, but she cannot determine the treatments you do or do not get. Those decisions are decided by your healthcare agent, but I’ll cover that topic next week.

As you consider these documents, the goal is to protect your investments and property to better help the ones you leave behind. You do not need to concentrate on dying when you are preparing for the worst. However, preparing will relieve your mind to know that your family will receive what they need because you invested your money, energy, and time into planning. Happy organizing!

Estate Planning: Last Will and Testament

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Estate PlanningGoing paperless is a great idea for curbing clutter. As I have lost digital documents, I prefer a paper version that I can hold in my hand. I do keep my files organized and down to the essentials, but they take up space.

If you prefer the paperless route for your important documents, then most of the items held in my file box 1 and file box 2 could be stored digitally. However, you will need access to your original paper-version estate planning documents.

Though each state differs slightly on their requirements for settling your estate, a typical estate planning package includes the following documents:

  • Last Will and Testament
  • General Power of Attorney
  • Health Care Power of Attorney

Depending on your state’s acceptance of the Health Care Power of Attorney, you might also need a Living Will.

Not wanting to spend more than needed, I pinch every penny to save my family money. However, when it comes to our estate planning, I do not skimp. Shelling out $600 was worth every penny we paid 10 years ago. Hiring an experienced paid-per-hour attorney will save you money and time.

From my experience, you want an attorney that charges by the hour rather than a fee-based attorney. Most fee-based attorneys have a standard form that they replicate for clients. The hourly attorney tends to start with a standard form and then customizes the forms to better meet their client’s needs.

If you use a form-version computer program or free resources, then your assets will probably end up in probate for at least a year. Most pre-made forms refer to California laws due to their broad interpretations.

What those forms do not tell you is that should you pass away in a state other than California, then your estate goes to probate in your state. The court will send your Last Will and Testament to California for verification, where it may take between 6 months and a year.

Once validated, your Last Will and Testament will return to your state and proceed through their approximate 1-year process. Meanwhile, your estate is frozen until those resources are verified and released by your state.

Having your estate planning documents prepared by a reputable attorney in your state is worth every dime you spend. Your attorney, who understands your state’s laws, will prepare the correct forms and expedite the process saving your family money, energy, and time.

Last Will and Testament

The first document in our estate planning package is our Last Will and Testament. Our documents are 11 pages in length and composed of 9 items each.

Our Last Will and Testament thoroughly covers all aspects of our estate, including how to dispose of our property, appoints our personal representatives and guardians, identifies the powers of our personal representative, and signature pages.

Attached to our Last Will and Testament is a marriage license as one of our named individuals had a name change due to a marriage. To expedite the process, I have attached a copy of the marriage license to prove that person’s right to our estate.

As Paul and I each have a Last Will and Testament, copies of these documents are kept within the 7th file opening of our file box 3. This second opening within the fourth category of estate planning contains copies of all of our estate planning documents. In three weeks (after our Summer Reading series), I will continue explaining these documents focusing on our General Power of Attorney forms. Happy organizing!

Question: Do you have an estate planning package? 

Estate Planning: Funeral Arrangements Checklist

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Estate PlanningAs a planner, I try to minimize the element of surprise in life changes. Though life is fragile and can fade in a matter of moments, I want to invest my time and energy into preparing for our future. Realizing that I may not have any notice when my life ends, I want my family to know (and not guess) my final instructions.

In addition to the What To Do When Someone Dies checklist, I also keep a Funeral Arrangements checklist in File Box 3 with our estate planning documents. Since we don’t talk much about our last wishes, we have our wishes noted for our family on our funeral arrangements checklist.

The nice thing about the funeral arrangements checklist is that you customize it and can change it as often or as little as you need. Even starting the checklist by including basic information will help your family during their time of grief.

Funeral Arrangements Checklist

The following resources are recommended as a guide. You can customize, create, or re-invent your own checklist or last instructions. I present these checklists from basic to thorough as examples of options.  If your family uses the same funeral home, then you may find forms and checklists through that director to have on file.

My family has used the same funeral home for the home-going of my aunt, grandfather, great uncle, great aunt, grandmother, and extended family. With an established relationship of trust, my family recommends this funeral home to others in their time of need.

Using their forms keeps the information uniform and saves time from transferring the information from one page to another. However, if you don’t know what you plan to do, then a basic or thorough checklist will give your family direction.

Basic Funeral Arrangements Checklist

    • Organized in chronological order, the checklist provided by Funeral Services presents the options for each possible phase of a funeral. Giving you choices, you can make an informed decision.

Thorough Funeral Arrangements Checklist

    • Should I find myself not able to think, I can turn to iMortuary’s checklist. This resource lists who needs a call and simple explanations to remind me why I need to follow this sequence. The information is simple, but thorough. I can do one task and mark it off. If I need to take a break, I can return and know where I left off.
    • My favorite funeral arrangements website is Funeral Wise. They offer an immediate Funeral Arrangement Questionnaire should you need to plan a funeral now. If a loved one passed away and you don’t know where to start, Funeral Wise offers a questionnaire for you to use before visiting with the funeral director.
    • Besides the Questionnaire, Funeral Wise also provides a 15-page Funeral Planning Guide to pre-plan your own funeral. I appreciate this resource because I can take that burden from my family by already having most of the items chosen for them.

The best gift I can give my family is detailed instructions. Without having to guess and make decisions, my family can concentrate on healing and adjusting without the pressure and burden of figuring out what I may have wanted.

By using a funeral arrangement checklist, I can indicate my wishes and place them within my important document file. Knowing the options, researching the differences, and making the choices helps me understand the process. Should I need to plan a funeral, I will have a better understanding of the procedure and know where to find the needed information.

Weekly Project: Print 1 or 2 funeral arrangements checklists.

In using time wisely, I need to update my funeral arrangements as I have basic information noted. Adding more details little by little, I can help my family even when I’m not with them. Though not an immediate concern, I consider this task important for the sake of my family. Making progress with you!

Question: Do you plan to leave final instructions?

Estate Planning: What To Do When Someone Dies Checklist

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Estate PlanningLast week, we started with an overview of the estate planning category. This category takes up 5 file slots in my File Box 3. The first file slot contains checklists. The first type I keep is the What To Do When Someone Dies checklist.

Thinking about someone close to you passing away is tough. I do not want to think about what would happen should Paul pass away. However, should that happen, I will be a mess.

My emotions will get the better of me, and I will not be able to think. So, I need to prepare BEFORE something happens, so I can just follow the instructions.

I know I won’t be alone, but I will know where all the documents are and whom we have partnered with for our financial, insurance, and medical well-being. Having a checklist to follow will focus my brain on completing the next step without trying to figure out where to start.

WARNING: Before I share some resources that I find helpful, I want to preface this information with a warning that these checklists are for informational purposes.

Should Paul pass away, one of my first calls will be to our attorney. I will confirm with him the order in which I need to proceed per our state’s laws. Having a legal partner is the key to completing this process thoroughly, completely, and legally.

What To Do When Someone Dies Checklist

The following checklists offer anywhere from basic to extremely detailed instructions. Personally, I like to know all the information.

However, I keep simple and detailed checklists in my estate planning file slot because I may need something really simple in the first days just to get through the initial shock. Keeping a couple checklists will give you options should a loved one pass away.

Simple Checklists

    • Created by Barbara Repa, a California estate planning attorney, this checklist, with boxes to mark off the items, gives practical advice based on the following time frames – within the first hours, within the first day, and within the first days to weeks.
    • Designed by an attorney and his wife, who are caregivers, this printable checklist allows you to mark off the items as you complete them. If you are a caregiver or have aging parents or grandparents, then you might want to keep this checklist handy.

Detailed Checklists

    • Prepared by Virginia attorney, Dan Newland, this checklist provides 34 items in a sequential numbered format. 
    • Specifically designed for California residents, this checklist includes boxes to check off as you complete each item.

In keeping a printout of two or more checklists, you will have a starting point should you find yourself asking, “What to do when someone dies?” Though I don’t like to dwell on what could happen, I prepare should the worst take place. I do not take out these checklists to read them, but I keep them filed – just in case.

Weekly Project: Print one or more What To Do When Someone Dies checklist and file within your estate planning category.

One benefit to having these checklists is learning some tangible ways to help those who lose a loved one. I have stayed at homes twice during a funeral to distract any thieves, who prey on families during their time of grief.

Next week, we will continue with another checklist that I keep filed within our estate planning documents. Getting your important documents organized will make retrieving those documents quick and efficient when you need them.

The process takes lots of time and energy, but in using time wisely, you will save time in the long run. Happy organizing!

Question: Do you prefer a simple checklist or a detailed fully-explained checklist?