Is This Your Situation: Worried About Who Will Make Decisions For You

16 Mar Is This Your Situation: Worried About Who Will Make Decisions For You

It’s unpleasant to contemplate, but you might not be in a condition to refuse to be revived or resuscitated. You may want to live, but can’t manage your affairs. The courts have ruled that all mentally competent adults have the right to refuse medical care. That is why you must make sure your intentions are clear in advance.

Your instructions must be written, preferably in a formal document. There are some planning tools that can help. For financial matters, you can use trusts and durable powers of attorney. For health care decisions, some states have family consent laws permitting other family members to make some health care decisions on your behalf.

Most states have adopted various forms of legal devices to help carry out your wishes when you’re incapable of making such important decisions. In considering lifetime planning or advance directive documents, remember that they’re valid only if written when you are competent. A health care advance directive, a living will or a durable power of attorney for health care tells your doctor and the executor of your will about your decisions. These documents carry substantial moral weight with health care providers.

Becoming disabled doesn’t stop bills. Taxes still must be filed. Your property must be managed. What happens when you are unable to manage your affairs? Your estate plan anticipates such a situation.

In some cases, you may appoint someone to manage your property by putting it into joint tenancy so someone can handle and protect your property, but be careful – joint tenancy may also have some unexpected drawbacks. There are also ways to appoint trustees, as part of your trust, to take care of various business and financial matters if you are unable to do so due to your illness or incapacity.

Planning and managing your affairs when you might not be able to make decisions regarding your property, medical treatment or even your life are not only useful but essential. Call our office today to begin the process — you’ll sleep more soundly knowing that you’ve taken care of your future.