Plan For Life’s Uncertainties With Advance Directives
Suppose, due to illness or injury, you are unable to make decisions about your medical care, finances or legal affairs. Who makes those decisions for you? You may be thinking, “I’m married. My spouse would handle that,” or, “my children could decide for me.” Unfortunately, without making clear designations, those closest to you may not have legal authority to carry out your wishes. Every adult should therefore have a set of written “advance directives.” Without them, a guardianship proceeding must be initiated, and a judge will decide who makes decisions for you. Guardianships are very costly, stressful for your loved ones and often humiliating for you.
At Feldman & Feldman, Counsellors at Law, P.A., we believe strongly that all clients can benefit from having advance directives in place, and there are several that we recommend as part of a comprehensive estate plan. Each may be customized to meet your particular circumstances, and we often draft custom language to meet client-specific preferences. While few of us like to think about the possibility of illness or infirmity, it is far better to plan ahead than to face incapacity without having these documents in place.
What Are Advance Directives?
Everyone over 18 should execute a set of legal documents called “advance directives” in the event of major illness or incapacity. Without these documents, those closest to you may not have legal authority to manage your affairs. As mentioned above, seeking guardianship is a last resort option that is expensive, time-consuming and can lead to inter-family disagreements or bitter litigation over who will be appointed as your guardian.
Laws relating to advance directives vary from state-to-state, and not all advance directives will be sufficient to meet your needs (especially those downloaded from the internet). You should consult an estate planning, elder care or special needs attorney to draft the proper language required for your particular circumstances.
Which Advance Directives Do You Need?
There are four basic types of advance directives that every adult should have in place. They include:
A Health Care Surrogate Designation
State law specifies who is authorized to make medical decisions for an incapacitated person (usually a spouse, then adult children, then parents, then siblings). But suppose any of those individuals are not available when needed? Or suppose the person designated by statute is not who you would want making decisions for you? After all, even close family members and spouses can hold very different opinions about medical care and end-of-life decisions. A written designation ensures that you choose who is in charge of your health care decisions.
A Living Will
A living will expresses your desires about end-of-life decisions should you be terminally ill, such as the use of feeding tubes and the issuance of a do-not-resuscitate order. While most people do not wish that extraordinary measures be taken to keep them alive under such circumstances, a living will can also be used to direct that affirmative measures be taken to prolong your life. Your health care surrogate should be familiar with the wishes expressed in your living will and use this information to make any decisions not explicitly addressed in writing.
Appointment Of Durable Power Of Attorney
Unlike with health care decision-making, state law grants no authority to your spouse or family to access your bank account, investments, safe deposit box or other financial assets. Without designating someone as a durable power of attorney, a guardianship proceeding must be initiated in court and a judge will then determine who manages your finances. DPOAs are also critical documents when engaging in asset protection and Medicaid planning for an incapacitated person.
Other Advance Directives To Consider
There are other advance directives that may be appropriate in specialized circumstances, such as burial/funeral designations and HIPAA authorizations, which authorize medical providers to disclose information to those you designate.
Talk To Our Coral Springs Advance Directive Attorneys About Your Legal Needs
From our office in Coral Springs, our attorneys at Feldman & Feldman serve clients throughout South Florida. To learn more about advance directives and estate planning generally, contact us today to schedule an initial consultation. Just call 954-228-6074 or submit an online contact form.