| Advance planning can save you trouble
By Joy Chambers and Florence
Parrish
Let's talk about what kind of time it takes to
get your life planned 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 anti 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 1992
No, the hard part is to face
the fact that such a malady may befall you. And you should
plan for it.
So precisely what arc we
asking you to get up your gumption and do? First, decide whom
you want to make health-care decisions for you if you are
unconscious or otherwise unable to make these 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 arc dying anti 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 Health Care" to implement the
first decision. 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 any
form.
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 10 years old, it should be updated Wills older than 10
years cannot be "self-proving," as the law allowing
self-providing wills is only 21 decade 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. Wills less than 10 years old
have a notary's seal and acknowledgement as part of the will,
anti 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
the necessary powers according to Virginia law to do the
executor's job. Additionally, if you have grown children who
can serve as executors, that will save a lot of trouble at
probate. If the heirs arc also the 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 $600 000 per spouse- - a lawyer experienced in drafting
wills should be able to give you a new will, a power of
attorney for health care anti a power of attorney for
finances, and a natural death act for between $250 and $450 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 of attorney for health care
the power of attorney for finances and the 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 unify 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're done everything a reasonable
person would be expected to do to plan for your declining
years anti spare heirs undue trouble with your
estate.
Enjoy the justifiable feeling
of smugness throughout 1992.
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