If we have learned anything these past few years, it’s that even the best laid plans may not hold up to whatever life has in store for us. For many, it’s shown us who and what are truly important.
Estate planning allows you to reflect on your family, your priorities, and what actions you can take now to secure your future and that of your loved ones. With proper estate planning, you can find the thoughtful support you need to make choices that best suit your specific situation.
Start by asking yourself these critical questions.
What Life Changes Have I Experienced Over The Last Few Years?
Significant life changes are a good reason to assess if prior estate planning documents you have in place need to be updated.
Alternatively, if you have recently come into assets or an inheritance and never had an estate plan, now is the time to put one in place. Consider the following examples.
- Seeing the final paperwork may have brought a sense of relief if you have gone through a divorce. But what if you have advance directives or a will that put your ex-spouse in charge of your affairs? While it is true that they may no longer have a claim on your assets, you may have appointed them as the person who should make medical decisions for you or who would be in charge of your estate. Is this still what you want?
For many people, the answer is no. If that is your answer, these documents should be updated, whether a will, health care proxy, power of attorney, or other directives.
- Suppose one of your parents has recently passed away. You may now be the owner of new property or be in receipt of insurance proceeds, savings, or other funds. If something happens to you, what would you like to happen to these assets? If you do not have a will, speaking with an estate planner is an excellent idea to ensure heirs of your choice benefit, instead of leaving the decision up to your state’s default rules.
Many more life changes warrant evaluating whether an estate plan is right for you. Second marriages, the birth of a new child, or simply a change of heart as to who and what matters the most are all valid reasons to take a closer look at your current plan (or lack of a plan).
What Happens If I Become Incapacitated?
Another important matter to reflect on is what happens if you cannot make decisions for yourself. Instead of leaving your loved ones with the inability to act or an expensive court process to get the authority to act, you can execute a few simple documents now.
These documents are generally referred to as advance directives, but the terminology varies from state to state. They typically encompass three areas: power to act on your behalf to make medical decisions, power to act on your behalf to manage your personal affairs, and access to information.
Many people with adult children are nearing a point in their life where they may need someone to look out for them. Having effective documents in place can make it less likely you are taken advantage of by others when you are in a vulnerable state. It also makes it more likely that those who know you best can communicate your wishes and manage your care, should the need arise.
- A power of attorney can give a trusted child power to help you manage your bills, help you apply for Medicaid, help you downsize your home, and much more.
- A health care proxy can tell doctors and hospitals who you want to make medical decisions for you.
- A HIPPA authorization can allow your children to remain equally informed about your health and ask medical doctors questions about your situation.
- Finally, a living will set forth what you would like to happen if a recovery is not possible.
A good way to look at the estate planning options discussed here is that they allow you to take control of the future and, once these decisions are made, put these worries behind you. The start of the year 2023 is a great time to sit down you’re your trusted estate planner and review your options.
Happy New Year!
The information provided is not intended to be legal or tax advice and does not constitute any attorney/client relationship. You should consult with an attorney for individual advice regarding your own situation.
Ms. Melancon is an attorney with Legacy Estate & Elder Law of Louisiana, LLC with offices in Baton Rouge, New Orleans and Lake Charles, LA. The primary focus of her practice is estate planning, probate, special needs planning, and elder law. For more information or to attend an upcoming estate planning seminar, call her office at (225) 744-0027.
