Obviously the title of this article is fairly inaccurate due to the fact that none of us are immune to death. Many that have taken the steps to plan for death have created a Last Will and Testament. The major shortcoming with a Last Will is that it only comes into affect upon your death. Many may so, “So what? That’s what I created it for – my death!” And you’re right, that is what a Last Will is for. However, what about planning for things that can happen during your life? Before we die, about half of us will face incapacity, whether temporarily or permanently. Your Last Will provides no provisions to help during a time of incapacitation.
We try to explain to the public about the great importance of creating a Living Will as well as all of your health care directives, such as HIPAA and various Power of Attorney documents. These documents dictate who has the right to your medical information in times of emergency, who will make important decisions on your behalf when you are unable and gives those individuals authority to do so, and what your wishes are regarding medical procedures and end of life decisions if you are on life support or otherwise incapacitated.
This only becomes effective when you die. If you have not properly planned for this possibility then it can force your spouse or your family into a very difficult and potentially expensive proposition of going to court for the purposes of having the Judge appoint them as your guardian.
Contributed by MH Cave Creek, Phoenix and Flagstaff Estate Planning Attorney, B. West Hunsaker.
Morris Hall Can Protect You in Today’s Litigious Society:
We live in a litigious society, where over 1 million lawsuits are filed every year in America alone. Financial predators are looking for ways to take funds from others and often use litigation as their means to do so. At Morris Hall we provide your assets and your loved ones with important protections that can prevent financial predators from taking advantage of you. We do this through proper and current estate planning techniques. With an MH living trust, we can also protect your property, assets and loved ones from probate, estate taxes, gift taxes, creditors, Medicaid spend-down, conservatorship or guardianship proceedings, ex-spouses and more. A living trust also keeps your asset and beneficiary information private and secure to avoid giving financial predators information to use against you and your family. Without a living trust, this information will be made public. For those living in Arizona, we serve the areas of Phoenix, Mesa, Gilbert, Fountain Hills, Scottsdale, Cave Creek, Prescott, Flagstaff, Sedona, Tucson, Sonoita, Arrowhead, Avondale, Goodyear and Tempe. In New Mexico we serve the areas of Albuquerque, Santa Fe, Las Cruces, Rio Rancho, White Rock, Alamogordo, Truth or Consequences and more. Contact us today at 888.222.1328 to schedule an appointment with an attorney in your area!
This blog should be used for informational purposes only. It does not create an attorney-client relationship with any reader and should not be construed as legal advice. If you need legal advice, please contact an attorney in your community who can assess the specifics of your situation.