Smart Steps To Take In Planning For The Future

Let's talk about what kind of time it takes to get your life in order and to protect yourself if bad things happen to your brain in your later years.

Unfortunately, we all know of cases where brain chemicals change due to aging, and people make irrational financial and health decisions.

What we are talking about is "advance planning" - making decisions now and implementing them, so that if you need help in the future, present-day decisions of yours will dictate who manages your person and your money.

As with other difficult decisions in life, taking the first step is the hardest. You will find that you know whom you want to make these decisions for you. That decision isn't difficult. Nor is implementing the decisions with the appropriate legal documents. Nor is finding the right lawyer, because some of your friends already have done what I'm advocating you do in 2001.

Now, the hard part is to face the fact that such a malady may befall you. And that you should plan for it.

Steps to Take
First, decide whom you want to make health-care decisions for you if you are unconscious or otherwise unable to make those decisions.

Second, decide whom you want to manage your finances if you are unable to do so. These "substitute decision-makers" do not have to be family, nor does one person have to decide everything. The important thing is that you trust them to implement your wishes if you are not able to act for yourself.

Third, focus on the prospect of your death for a few minutes. Do you want to be kept alive if your doctor says you are dying and medicine can do nothing to retard that process? Do you want to be allowed to "die with dignity," or do you want everything possible done to keep your heart beating for as long as possible?

Fourth, find an experienced lawyer to give you the necessary standard forms to fill out for implementing these three decisions. You will need to execute a "Power of Attorney for Finances" to implement the second decision.

If you want to elect the so-called "die with dignity" option, you will need to execute a "Natural Death Act," which is Virginia's "living will," to implement the third decision. If you want all medical means used to sustain your life, you do not need to execute the third form.

Helping Heirs
As long as you have to go to the trouble and expense of getting a lawyer to give you standard forms, you might as well help out your heirs. If your will is more than 20 years old, it should be updated. Wills older than 20 years cannot be "self-proving," as the law allowing self-proving wills is only two decades old.

What does this mean- a "self-proving" will? It means that your heirs won't have to track down the secretaries who witnessed your will in order to probate it. Your heirs will be saved considerable trouble and perhaps expense in this area. Most wills less than 20 years old have a notary's seal and acknowledgement as part of the will, and this removes the need for tracking down witnesses. Also, if you have a will drafted in another state, it can be a lot of trouble to probate it because it doesn't give the executor and necessary powers according to Virginia law to do the executor's job. Additionally, if you have grown children who can serve as executors, the required probate is dramatically reduced.

How much is this going to cost in time and money? Assuming you don't need to plan for estate tax minimization -- meaning your total estate is less than $675,000 per spouse- a lawyer experienced in drafting wills should be able to give you a new will, a power of attorney for health care and a power of attorney for finances, and a natural death act for between $300 and $750. It should take two visits to the lawyer's office. On the first visit, you should request the two powers of attorney and the natural death act; on the second visit you should execute all four documents- the will, power or attorney for health care, the power of attorney for finances and the and natural death act.

You then need to see the person you named as your substitute decision-maker has a copy of the power of attorney and knows where to find the original. Your doctor and family should know whom you have appointed to make health-care decisions for you and whether you have executed a natural death act. Your doctors should have copies of the power of attorney for health care and natural death act.

Voila! You have done it! You have advance-planned. You've done everything a reasonable person would be expected to do to plan for your declining years and spare heirs undue trouble with your estate.

Enjoy the justifiable feeling of smugness throughout 2001.