2 Legal Documents Everyone Needs Before They get Sick

By Roz Jones

Being ill is no fun. Neither is being unable to participate in making personal medical decisions. If you are unconscious or unable to articulate your consent for treatment, a medical provider or next of kin may have to make them for you. Preserving life is always the plan, but sometimes, believe it or not, you may not want that to be the plan.

Here are a few scenarios where life-saving measures might not be your first choice:

Scenario #1. A terminally ill patient with a disease like Parkinson’s or Alzheimer’s may not want to be fed through a tube or given antibiotics after a certain stage of their disease.

Scenario #2. A brain-damaged individual who will have to live indefinitely outside of their home in a facility may not want to be on a breathing tube or dialysis or other artificial life-saving machines.

Scenario #3. Someone with a pacemaker or other device may want it removed if their condition worsens to a certain point.

Under certain circumstances, life-saving measures make perfect sense. When recovery is likely and quality of life is high, it is worth the effort and time it takes to recover or endure life-saving measures. However, there may be times or circumstances when you want to draw a line in the medical sand.

There are two legal documents that will make it clear to providers and your family that you do not want measures taken and if you do, what they are and when they stop.

An advance directive

A DNR or Do Not Resuscitate

An Advance Directive: An Advance Directive is a tool used to make end-of-life decisions ahead of time, alleviating medical staff and your family from having to make them. Your Advance Directive is a legal document that you can add to your will or trust so it is easily accessible if it needs to be enforced.

A DNR or Do Not Resuscitate is a document that denies life-saving measures if your heart stops beating or you are unable to breath on your own.

These documents will help you prevent life-saving measures that might prolong suffering or low-quality living. Consult your primary care physician to learn more and make the decisions that are right for you.

Do You Have a Will or Trust to Protect Your Assets?

Most people know what a will is. It’s a written document that disperses your assets and provides a care plan for your dependents after you die. Not everyone knows what a trust is or how important both are for your family.

Generally speaking, a will is a document that goes into effect after you die, while a trust is in effect while you are alive and includes directives about your assets and the guardianship of minor children. Having a will and/or trust makes your wishes clear and legally makes them binding. Without a will or trust, things get tricky.

What happens if you have a will or trust?

There are specific guidelines for the disbursement of your assets and the care of your minor children in the event of your death
An executor of your choice is designated to oversee your estate and carry out your wishes
The time frame for disbursement of your assets and action plan are swift
Your wishes are legally binding and generally can’t be overturned
Accounts can be managed and paid even after you die

What happens if you do not have a will or trust?

Your assets are held while the courts sort out disbursement
Someone else may have to incur costs to settle your estate
Your wishes may not be fully known or preserved
You can lose assets that aren’t protected
Your children will not be protected for their care and custody
Long periods of time may go by before your estate is settled

A will or trust can help make certain your wishes are carried out and that you don’t lose any assets that are part of your estate.

Creating a will or trust

There are a few ways to create a will or trust. A will can be created on your own. There are no-cost and low-cost ways to create a will. There are services that can walk you through the process of creating a will if your estate is modest and you don’t have a lot to manage.

Note: Writing a will isn’t as simple as sitting down with a Word doc. Once you’ve completed your will, it will need to be accompanied by a Self Proving Affidavit that is notarized. This legally ensures you are the author of your will and makes it easier for your family to enforce after your death.

The most secure way to create a will or trust is through an attorney. Probate and estate-planning attorneys can help you craft a will or trust that will be recognized by your state in the event of your death and make things easy on your family and beneficiaries.

What is an Estate and How Do You Protect It?

By Roz Jones

An estate typically refers to your personal property which may include but isn’t limited to: your real estate, business assets, investments, bank accounts, and personal property such as art, antiques, and jewelry. These are important assets that you worked to acquire and are part of your legacy for your family.

Every estate is unique because people are different. Your estate will look nothing like your neighbor’s because you have different assets. Regardless, it is important to protect your estate and make certain it is safe in the event of your death.

Protecting your estate isn’t hard, it just takes some time and effort. Once you’ve secured your assets you can rest easier knowing you are protected in the event you are incapable of managing your assets or you die. Additionally, being organized and taking the time to legally protect your assets makes it easier for your estate to be managed during probate.

Here are some ways to protect your estate:

Get an appraisal- Assets have value but the value must be validated and proven. Appraisals are a great way to make sure your assets are valued at their maximum potential. Real estate, antiques, and other personal property can be assigned a value by an appraiser. You can include the appraisals with your will or trust information.

Provide proof of ownership- A clean record of ownership is important. Being able to prove you are the legal owner of an asset can reduce disputes and streamline your estate. Provide bills of sale, pink slips, deeds, and other proofs of ownership with your will and trust information.

Get a will or living trust- The ultimate way to protect your estate is through a living trust or a will. This document will include a legal record of your assets in your estate and directives for disbursement and distribution in the event of your death.

You’ve worked hard to create a life filled with the things you love and have invested in. It’s important to protect your estate and make sure it isn’t lost to taxes or worse after you die. Take the time to organize your estate and legally protect it for your beneficiaries. An attorney will have even more ideas on how to protect your estate and can help you organize and strengthen it to serve you while you are alive and after you are gone.

You’re Never Too Young or Too Old to Make End-of-Life Plans

By Roz Jones

“The idea is to die young as late as possible”- Ashley Montagu

Most people do not think about end-of-life planning unless they are forced to. It seems so far away when you’re young and vital and unless there is a grim reminder, it feels unnecessary. It sort of feels like something you do when you are older but each day you grow older you just don’t seem to feel old… yet.

You are never too young or too old to make end of life plans. Your planning may vary or change in depth over time, but it’s never too early or too late to talk about such things. Generally, something triggers a chat about end of life.

An accident in your community
A loved one dies suddenly
Someone you know has a terminal diagnosis

Things like this spark conversations because they are close to home. It’s a reminder – gentle or shocking – that we are not immortal.

Here are some pro-tips for talking about end of life planning no matter what your age.

Pro-tip: Talking with children- Children pass away. It’s an undeniable yet grim fact. Your child may have been touched directly by the passing of a friend or classmate or your child may have been given a diagnosis that could result in their death. Under the right circumstances, having a conversation about end of life plans may be right for your child.

Ask open-ended questions that get your child thinking. You can ask about mature-themed issues in a way that is child-friendly and age-appropriate. It’s alright to ask about how your child would want to be buried or remembered during a memorial. Use this time to educate your child about the realities that everyone dies and that it is a natural part of living.

Pro-tip: Talking with teens- Chances are greater your teen will know someone who has passed unexpectedly. Teens can be emotional about death, especially of friends their age. The developmental stage of tween and teen life can elevate emotions and intensify reactions to death. This shouldn’t diminish the importance of tackling the issue head-on.

Be open and honest with your teen about your feelings about dying, death, and what your perspectives are. Ask for their thoughts and compare and contrast your beliefs. Seek to understand and come to conclusions about what your teen wants and how they feel about important issues like organ donation, life support, and what quality of life means to them.

Pro-tip: Talking with adults- From your spouse or siblings to your aging parents, there is a wide range of ages in adulthood. Talking about end-of-life plans will vary based on who you are engaging and what role they play. Everyone is different and some people are more resistant to talking about end of life plans. Regardless, there are decisions that need to be made.

Don’t blindside anyone with a talk about tough issues. Prep and plan to have a discussion. Do your best to decide what medical consents your family member agrees to and who will make decisions if they can’t. Make decisions about the types of burial or cremation they consent to and talk frankly about costs and how they will be met.

Part of what makes talking about death scary is your attitude about it. The easier you approach the subject, the easier it is to talk about it. You are never too young to begin thinking about how you want to be supported medically and cared for when you die.