The Importance of Minimizing Surprises
One of the most critical documents in any estate plan is a health care directive or durable power of attorney. A durable power of attorney allows for the orderly management of your health care when you are unable to speak for yourself. Have you prepared a living will, health care directive or durable power of attorney for medical care?
If you have prepared one or more of these documents, the next issue is: have you shared this document with your loved ones? Do your loved ones know who is empowered to make decisions about your care if you can’t speak for yourself? Do your loved ones have copies of these documents? Do your love ones know where to find these documents?
Experts tell us that some of the most stressful events in life include death of a spouse, death of a close family member and a family member suffering from a major illness. This recent Wall Street Journal article illustrates the importance of being open with your loved ones about your end-of-life decisions. The last thing you want during this critical time is for your family members to fight with each other, or your doctors, when the focus should be caring for you during your time of need.
When considering who to place in charge of your care (nominating an agent or ‘attorney-in-fact), it is easy to find yourself with difficult choices about who to put in charge of your care. For instance, if you have two children but one lives far away, does it make sense to designate the local child as your primary agent? Will you offend the other child if you don’t designate him as a co-agent? Will co-agents be able to agree on the proper course of your care? As Ms. Cullen’s candid story aptly illustrates, failing to discuss these matters with your loved ones can easily result in hurt feelings, bruised egos or even worse, brutal litigation. It is frequently the better practice to keep your loved ones informed of your ultimate decisions—prior to your incapacity—so as to minimize the emotional impact of unwanted surprises during the time you need their help the most.
If you have prepared one or more of these documents, the next issue is: have you shared this document with your loved ones? Do your loved ones know who is empowered to make decisions about your care if you can’t speak for yourself? Do your loved ones have copies of these documents? Do your love ones know where to find these documents?
Experts tell us that some of the most stressful events in life include death of a spouse, death of a close family member and a family member suffering from a major illness. This recent Wall Street Journal article illustrates the importance of being open with your loved ones about your end-of-life decisions. The last thing you want during this critical time is for your family members to fight with each other, or your doctors, when the focus should be caring for you during your time of need.
When considering who to place in charge of your care (nominating an agent or ‘attorney-in-fact), it is easy to find yourself with difficult choices about who to put in charge of your care. For instance, if you have two children but one lives far away, does it make sense to designate the local child as your primary agent? Will you offend the other child if you don’t designate him as a co-agent? Will co-agents be able to agree on the proper course of your care? As Ms. Cullen’s candid story aptly illustrates, failing to discuss these matters with your loved ones can easily result in hurt feelings, bruised egos or even worse, brutal litigation. It is frequently the better practice to keep your loved ones informed of your ultimate decisions—prior to your incapacity—so as to minimize the emotional impact of unwanted surprises during the time you need their help the most.
