Unexpected events highlight the need for advance health care directives
Some of the 33 percent who have wills never considered advance health care directives, so the unpreparedness is deep. The unpreparedness is widespread, as some of the 33 percent who have wills never considered advance health care directives. These are issues that only affect senior citizens, right? COVID Wake-Up call
COVID-19 changed the world in 2020 when it became widespread. All of a sudden, we were watching people in dire medical conditions that they never anticipated.
Older folks were most vulnerable. This disease has also claimed the lives of thousands under 65 years of age. This experience has taught us that we should never take anything for granted. You never know what the future holds, and an ounce of prevention is worth a pound of cure.
Alzheimer’s, Incapacity, and Adult Guardianship
Incapacity planning was important before the pandemic, and people of all ages become incapacitated due to injuries and illnesses. This being said, elders are certainly more vulnerable than their younger counterparts.
Alzheimer’s disease alone is enough to make incapacity planning a must. Alzheimer’s affects over 6 million people today, and is expected to reach 13 million by 2050. About one-third of all elders will pass away with dementia.
People with cognitive impairment will typically become unable to make sound decisions at some point in time. If you do nothing to prepare for this possibility, the state could appoint a guardian to make decisions for you in the event of your incapacity.
Under these circumstances, family members may disagree about the right course of action, and your own true wishes may not be carried out. Plus, the government gets involved in very personal affairs when a guardianship hearing is convened.
Proactive Incapacity Planning
You can take the matter into your own hands in advance if you put an incapacity plan in place. This will involve the execution of documents called advance health care directives.
One of these directives is a durable power of attorney, which is used to designate a decision-making representative. The “durable” designation is important, because this type of power of attorney will remain in effect if you become incapacitated.
Another advance directive that should be part of the plan is a living will. This type of will allows you to state your preferences for life-support usage, and your health care representative cannot overrule them. You should include a HIPAA Release to allow your representatives to access your medical records. You can add a durable power of attorney to your estate plan to allow someone else to manage your affairs in the event of an emergency. If you have a living trust, you can name a disability trustee to administer the trust in the event of your incapacity.
Discover If Estate Planning Is Right For You
As you can see, there are a lot of things to think about if you want to plan your estate effectively. You should consult an estate planning lawyer when drafting your plan. Legal advice is invaluable. You will find that our clients are consistently happy with the assistance we provide.
Should you like to schedule a Discovery Consultation to discover how estate planning can best help your family, you can reach our Oklahoma City estate planning office at 405-843-6100. Our Tulsa office number is 918-615-2700. You can also use our contact form to send a message. Latest posts by Larry Parman Attorney at Law,
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