Legal Issues of Elderhood
January 22, 2005
By Jessica T. Brown
From Admoreite.com
Living in Prime Time
There are four crucial documents
each senior citizen should have: 1. An updated and valid will; 2. A durable power
of attorney; 3. A living will; 4. A durable power of attorney for health care.
A well-drafted will ensures
that your belongings (no matter how extensive or meager) will be allocated according
to your wishes. It can also prevent, or at least diminish, family squabbles and
reduce the time and cost of probate. In some cases, it can reduce the amount of
taxes that will be owed. Wills should be reviewed every year or two and also whenever
there is a major change in your family, e.g., a death, a divorce, a move to another
state, a change in assets. It is important that you give your loved ones a copy
of your will and tell them where you keep the original.
A durable power of attorney
allows a designated person to make legally binding decisions for you should you
become temporarily or permanently incapacitated. If you are ill and in the hospital,
for example, this document would allow your designated attorney-in-fact to sign
your checks, to pay your bills, to take care of your home and car. This document,
however, does not strip you of your power to make your own decisions or control
your own legal and financial affairs. It simply names a person to handle some or
all of these matters in case you are unable to handle them yourself. Unless you
specifically revoke it, a durable power of attorney remains valid until you die.
A living will states your
wishes regarding medical care in the event you are close to death. Typically, a
living will informs the doctor that you wish to die free of pain and free of aggressive
medical treatment when there is no reasonable chance for your recovery. A copy of
your living will should be given to your primary physician and your loved ones.
A durable power of attorney
for health care appoints a person to make medical decisions on your behalf when
you are unable to do so. For instance, if you are delirious for a brief time following
surgery, your doctors will look to your appointed health-care proxy for medical
care decisions until you are better and able your own decisions again. A copy of
this document should be given to your primary physician and the person you have
designated to be your health-care proxy.
These four documents are vital
because they give direction to your loved ones and to those around you, telling
them of your wishes and how you want to be treated. A local attorney can prepare
these documents for you. Also generic forms, received from a hospice or your physician,
may be appropriate in some cases.
Create your Will, Power of Attorney and Living Will online at
https://www.legalwills.ca/.
For More Information Contact:
LegalWills.ca
Email:
[email protected]
Internet:
https://www.legalwills.ca/