There a giant
misconception that estate planning is just for the rich. Growing up,
before becoming an attorney I used to have a false belief of estate
planning. When I heard “estate planning”, I envisioned some
millionaire sitting down with an attorney coming up with ways of how
to hide money in Island countries and writing five hundred page trust
documents that keep his money out of the hands of the government
forever while showering his family with wealth.
I could not have been
more wrong. Estate planning is making sure that not only are your
assets distributed in the way you wish when you pass, but that the
end of your life wishes are emphatically published to all so that
there is no confusion, strife, or bickering among your family.
The primary instruments
that are used for estate planning are: Will, Power of Attorney, Power
of Attorney for Health Care, and a Living Will.
The Powers of Attorney
give a person who you appoint the power to take care of your finances
and health care decisions if you reach a state of mental incapacity,
whether from illness or injury. You can put restrictions on your
attorney-in-fact or give him free reign. Usually this power goes to
a spouse or other family member.
The Living Will, also
known as an “affirmative directive”, authorizes, or does not
authorize, the withholding of artificially
provided food, water, or other nourishment or fluids if the patient
reaches a terminal state with no reasonable medical expectation of
recovery.
All
of these documents are affordable for everyone, but so many people do
not have these drawn up either because of the misconception that
“Estate Planning” is for the very wealthy, or do not like to
dwell on the end of their life. Make the smart decision and call an
estate planning to get these documents executed to prevent hassles
and inter-family strife at the end of your life.
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