COVID-19 UPDATE: You Need a Medical Power of Attorney Now

Due to the coronavirus, now more than ever it’s important to have a medical power of attorney naming agents to make medical decisions for you if you cannot.

If you have not yet named someone with Medical Power of Attorney,  get this crucial planning in place now.  As Claire Horner and I spoke about in this Facebook Live video, https://www.facebook.com/galligan.manning/videos/1442796115909715/, it is very important to create this document, now more than ever with the coronavirus, and it can be prepared quickly and easily.

What is a Medical Power of Attorney?

A medical power of attorney is a legal document you use to give someone else authority to make medical decisions for you when you can no longer make them yourself.  This person, also known as an agent, can only exercise this power if your doctor says you are unable to make key decisions yourself.

Other Terms for Medical Power of Attorney

Depending on the state where you live, the medical power of attorney may be called something else. You may have seen this referred to as a health care power of attorney, an advance directive, advance health care directive, a durable power of attorney for health care, etc. There are many variations, but they all mean fundamentally the same thing.  In some states, your preferences are worked into the document itself, such as your preferences for surgeries, pain treatment, religious preferences and so on.  Texas tends not to include wishes within the document, so it is very important to discuss your medical wishes and preferences with your agent.

Be aware that each state has their own laws about medical powers of attorney, so it’s important to work with a qualified estate planning attorney to ensure your decisions will be enforced through legally binding documents. Also, some states may not honor documents from other states (Texas often does this), so even if you made these decisions and created documents in another state, it’s wise to review with an estate attorney to ensure they are legally valid in your state now.  If there are any doubts, a new medical power of attorney can be prepared quickly.

What Can My Medical Agent Do for Me?

Some of the things a medical power of attorney authorizes your agent to decide for you:

  • Which doctors or facilities to work with and whether to change
  • Give consent for additional testing or treatment
  • How aggressively to treat
  • Give consent to surgeries, medications and so on

I won’t fully discuss it here as I wanted to focus on the most basic medical decision-making document, but there are other similar documents that are also very important, such as a living will which directs end-of-life decisions and a HIPAA release which will facilitate your agent receiving information to make these decisions.  See here for a fuller discussion of the other documents.  https://www.galliganmanning.com/making-end-of-life-decisions-part-of-your-estate-plan/

We are ready to help walk you through these decisions and prepare a medical power of attorney naming the agent who you trust to make these decisions for you. We are currently offering no-contact initial conferences remotely if you prefer and can arrange for remote document signings. Contact our office today and let us help you make the right choices for yourself and your loved ones.

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Understanding Why a Will is Important

A Will is an important estate planning tool that describes your wishes for your property after death and who is responsible to see your wishes through.

These questions presented by The Westerly Sun in the article “Making a will is an important legal step,” may seem very basic, but many people don’t really understand how a will works and why they are such an important part of estate planning. Let’s go through these fundamentals about wills.

A will is a legal document that must be prepared under very strict standards to explain your wishes about how you want your estate–that is, your property, money, tangible possessions, and real estate—distributed after you die.

A will also does more than that.  A will, which is sometimes referred to as a “Last Will and Testament,” also makes clear who is going to be in charge of your affairs after death, by naming them as executor of your estate.

A complete estate plan includes a will and several other documents, including a power of attorney, healthcare power of attorney and potentially a trust.  The goal of all of these documents is to make it easier for your surviving spouse or loved ones to take care of you and your affairs, if you become too ill to speak on your own behalf or when you die.

Your will provides instructions about what happens to your estate. Who should receive your money and property? These instructions must be followed by the person you choose as your executor. The local probate court must give its approval, and then the estate can be distributed.

If you have a valid will, it is admitted to probate (a court process) upon your death, and then your wishes are followed. If you don’t have a will, you are said to have died “intestate.” The laws of the state, and not you, and not your loved ones, decide what will happen to everything you own that is subject to the intestacy process. Usually this means that assets are distributed to family members based on their degree of kinship with you.  In Texas, it also means there may be a separate process to determine who those heirs are, which can be time intensive and costly.

It also may not be what you wanted. If you have minor children, the Court may appoint a guardian for those children, or may establish a court monitored trust for the property they receive until they are old enough to handle their own affairs.  All of these extra steps and complexity make a will necessary.

Many clients chose to also use trusts as part of their estate plan and coordinate the trust with the will.  This provides the added benefit of avoiding the probate process, making administration even easier.  Even if you use a trust in your estate plan, you may still need a will in conjunction with that trust.   See here for more details.  https://www.galliganmanning.com/how-do-trusts-work-in-your-estate-plan/

No one likes to think about dying, or becoming incapacitated, but by planning ahead and working with an experienced estate planning attorney to prepare a will, you can determine what you want to happen, and protect those you love.

Reference: The Westerly Sun (August 18, 2019) “Making a will is an important legal step”

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