While almost anyone can create and use a power of attorney, not everyone needs to grant an agent to handle their affairs. However, you can always create a power of attorney that will take effect in the event it is needed. If you are a person in any of the following categories, you should talk to your estate planning attorney to create a power of attorney.

• Seniors. Aging often requires us to give others the ability to help us manage your affairs. Your estate plan should includedifferent kinds of powers of attorney, e.g., health care and financial powers, so your family isn’t left scrambling if the time when they are needed ever arises.

• Parents. Whether you are a single or married parent, you will want a power of attorney in case something happens to you. If you’re married, you and your spouse should coordinate your powers of attorney so there are no potential conflicts.

• Business Owners. If something happens to you, who will run your business? A power of attorney can ensure emergency situations are properly planned for and allow for an easy transition in an emergency.

• People with Chronic Diseases. If you have a medical condition that could eventually take your ability to make decisions, you need a power of attorney immediately. As long as you’re still capable of making your own choices, you can create a power of attorney to ensure your desires are met if you ever lose this ability.

To determine which types of powers of attorney you will need and what powers they should contain, consult with an experienced and qualified estate planning attorney.

Northern California Estate Planning Counselors, LLP is a member of the American Academy of Estate Planning Attorneys.

If you’re considering including incapacity planning in your estate plan (and you definitely should be), it’s important that you understand the use of the different available legal documents.  A comprehensive estate plan will allow you to have the best plan in place so that your needs are always met.

Did you know…?

• An advance health care directive is a document that allows you to spell out your wishes regarding end of life treatments and procedures.
• Many people use their advance health care directive to outline their wishes regarding the use of life support.
• Your advance health care directive may be used to discuss many other treatments and procedures, including the following: surgery, diagnostic tests, and CPR.
• With the use of an advance health care directive, you’re able to appoint an agent who will be responsible for making medical decisions on your behalf, if you’re ever unable to do so yourself.
• Without an advance health care directive, your loved ones may need to go to court in order to get the legal approval needed to help make decisions on your behalf.  This is called a “conservatorship.”
• Your hand picked healthcare agent will have many responsibilities, including the following: discussing your needs with medical professionals, choosing facilities and staff members, and making decisions regarding the use of different treatments or tests.
• Your designated health care agent is unable to make decisions that go against the wishes that you’ve stated in your advance health care directive.
• You should create an advance health care directive now regardless of your other planning goals.  This will allow you to always have an emergency plan in place.  Without a plan, you’re putting yourself at risk that someone that you would not want is appointed to make health care decisions for you and that decisions you would not want are made.

Take the time to discuss incapacity planning for medical issues with your experienced, qualified estate planning and elder care attorney.  You never know when you may be unable to make your own decisions.  If you have any questions, or if you’d like to begin your incapacity planning, consult with a qualified, experienced estate planning attorney.

Northern California Estate Planning Counselors, LLP is a member of the American Academy of Estate Planning Attorneys.

Advance health care directives are the medical portion of an estate plan.  They typically include the designation of a health care agent, a statement of wishes concerning end of life care (commonly called a living will), instructions concerning organ donation and provisions for the disposition of remains.  You can also add any other medical instructions you so desire.

The concept of the directive is that you make a decision now to take affect sometime in the future if a certain situation occurs.

For example, you appoint a health care agent to make health care decisions for you at some time in the future, if you can’t make those decisions yourself.  Your health care agent would be able to choose your doctor, consent to medical treatment such as a particular medicine or surgery, or okay physical therapy.

While it’s generally better to let your medical personnel and health care agent make good decisions once they assess the specific situation, you can make known your medical decision wishes and instructions in advance.  The living will portion of a directive is a good place to set forth those wishes.

If you don’t want to be hooked up to life support machines or be subjected to other medical heroics when there is no hope of recovery, you can make that medical decision in writing in advance.

Be sure that you also have a HIPAA release in place.  A signed HIPAA release meets the requirements of federal medical privacy law commonly called HIPAA and permits medical personnel to release your medical records and information to and communicate with your health care agent.

If you have advance health care directive, be sure that your family and other loved ones know about them and where to find them.  Using an online documents storage service such as DocuBank (www.docubank.com) can ensures your advanced medical directives will be available when you need them.

Northern California Estate Planning Counselors, LLP is a member of the American Academy of Estate Planning Attorneys.