As each of us age, we must be cognizant that we will need to make certain legal decisions about our lives, especially surrounding what we would like to have done for us in the unfortunate event we become incapacitated. While incapacity can be either temporary or permanent, the need for planning to protect yourself and your wishes during such times is vital. Let’s talk about the documents you may need to ensure proper care during those times.
AHCD
The Advance Health Care Directive (“AHCD”) is often confused with a POLST. A POLST is a form provided by your physician formally called Physician’s Orders for Life Sustaining Treatment and replaces a Do Not Resuscitate. Whereas the AHCD allows you to nominate agents to have the power to make health care decisions for you only if you cannot speak for yourself. You are given the option to include quite an array of healthcare wishes not only for the time you are still alive, but even post death. You often include your preferences related to choice of life, feeding tubes, ventilators, medicine, other procedures and possible interference or adherence with your religious preferences. Without this document, your family may not know what your wishes are which may result in family conflict and guilt over the wrong decision being made.
DPOA
The Durable Power of Attorney (“DPOA”) allows you to nominate agents to transact on your behalf should you be unable to do so yourself, i.e. pay your bills, assist with banking, real property and other investments. This is extremely important when you are incapacitated as it will allow a trusted family member or friend to be able to continue ensuring care is paid for, possible mortgage payments are being made to avoid foreclosure, etc. If you do not have a family member or friend to serve, you may want to consult with a professional fiduciary to serve in that role.
Revocable Living Trust
A revocable living trust is of utmost importance to direct not only what happens with your assets after you pass in order to avoid probate, but also directs your Successor Trustee regarding how you wish to be provided for during your lifetime, even during incapacity. This includes provisions for matters such as remaining in your home for as long as possible, who you would like to be eligible to determine if you are incapacitated or not and your entitlement to benefits from your assets during life when you are unable to serve as Trustee.
These documents are some of the most important to put in place while you are competent to do so and can make the decisions necessary for creation. Contact us today at (858) 248-2779 to schedule a free 30-miniute consultation with one of our estate planning attorneys who can easily assist you through this process.
