Planning for Health Care Near the End of Life

Posted on

Nov 28, 2018

share-this
Share This
Many older people think about how they want to dispose of their home and other property when they die. To assure this is handled as they wish, they make a will. They also can decide and document who will make financial decisions if age or illness no longer allows them to do so. Sometimes people are not aware they can also establish a plan for the health care they want near the end of life. This process is called advance care planning (ACP). An outcome of ACP is the completion of two legal forms, generally found in one document called an Advance Directive.
Often people delay in completing an advance directive because they dont know where to obtain forms and worry how difficult it will be to complete them. A good resource is the Prepare for Your Care website at https://prepareforyourcare.org/welcome where an easy to understand video can guide you. You can also go to a link at the site to obtain the forms. The two parts of the form are described here: 1. A Health Care Power of Attorney (HCPOA) is where a person designates someone to be a medical decision maker to make health care decisions for a time that may come when a patient is unable to speak or make treatment decisions. This person may be referred to as your health care agent or surrogate. When choosing your agent, it is important to select someone who knows you and your wishes and values, who will be able to make difficult decisions, and understands how you would make decisions if you were able. He or she should not be afraid to ask difficult questions and advocate to doctors. You should have a conversation with the person you have chosen to confirm his/her willingness to act as your agent to increase the likelihood your wishes will be followed. If an agent is not named, the law provides for a representative to be designated. This person may not be someone you would choose. Further, an appointed representative may not have a clear understanding of your values and treatment choices. 2. In a Living Will (LW), you plan ahead for the medical treatment you receive as you approach the end of life. This can be difficult decision-making and often people want to discuss option with family members, a doctor, attorney or spiritual adviser, but it is not required. Your LW becomes effective only if you become incapacitated and have an end-stage medical condition or are permanently unconscious and there is no realistic hope for significant recovery. In the LW, you define your wish to not receive aggressive medical care, so you can die a natural death. Another choice would be aggressive treatment that could include cardiac resuscitation (CPR), a breathing machine or dialysis. Whatever you decide, the information will serve as instruction to your agent and your health care professionals. Once you have engaged in the process to identify your preferences and have completed the legal forms, you will need to have your health care directive signed by two witnesses. In Pennsylvania, notarization is not required. When you complete an advance directive, you should give a copy to your agent and to your doctor. It is also good to review your documents occasionally. Having a family meeting to share your decisions with your loved ones can be helpful. Family members are often comforted that they have an understanding of what Mom or Dad or another loved one would want when they can no longer get answers. You can find more information at the following websites: https://prepareforyourcare.org/welcome... www.acba.org/public/livingwill... www.haponline.org/Initiatives/Endof-Life-Care-Planning Editors Note: This article was submitted by Marian Kemp, RN, of the Coalition for Quality at the End of Life (CQEL). She may be reached at papolst@verizon.net

Other Articles You May Like

Why Avoiding Probate Can Save Your Family Time & Money

When a loved one passes away, their assets dont automatically go to their beneficiaries. Instead, they often go through probatethe legal process that settles a persons estate. But heres the catch: probate benefits creditors and the state first, not your family.If you want to ensure your loved ones receive their inheritance without delays, court fees, or unnecessary taxes, avoiding probate is key.What is Probate, and Who Does It Serve?Probate is a state-managed process that determines how a deceased persons assets are distributed. Most people assume its about making sure beneficiaries get their inheritance, but in reality, probate prioritizes: Creditors  Any outstanding debts must be paid before the family receives anything. The Pennsylvania Department of Revenue  The state collects inheritance tax before funds are distributed. The Court System  Probate takes time, and courts often require attorney involvement, adding more costs.Only after these obligations are met do beneficiaries receive what remains. Unfortunately, this process can take months or even years, leaving families in financial limbo.Why Avoiding Probate is BeneficialBy avoiding probate, you can: Speed up the inheritance process  Beneficiaries receive assets faster. Reduce legal fees & court costs  Probate can be expensive and time-consuming. Minimize stress for your loved ones  No court battles or paperwork nightmares.How to Keep Your Assets Out of ProbateThe good news? You can take steps now to avoid probate altogether. Heres how:1 Create a Revocable Living Trust  Assets in a trust bypass probate and go directly to your beneficiaries.2 Name Beneficiaries on Financial Accounts  Payable-on-Death (POD) and Transfer-on-Death (TOD) designations let accounts transfer automatically.3 Own Property Jointly  In Pennsylvania, joint tenancy with right of survivorship keeps real estate out of probate.Take Action NowBefore Its Too LateProbate can be a long, expensive, and frustrating process for families already dealing with loss. The best way to protect your loved ones from unnecessary stress is to plan ahead.Lets discuss your options to keep your assets where they belongwith your family. Schedule a free consultation today: https://book.entrustedlegacy.law/#/introcall

The Biggest Estate Planning Pitfall: Why a Will Alone Isnt Enough

One of the most common misconceptions about estate planning is the belief that having a will avoids probate. Unfortunately, this is far from the truth. In reality, a will does not prevent probateit simply provides instructions for how your assets should be distributed through the probate process. Understanding this pitfall can help families make informed decisions and protect their loved ones from unnecessary delays, costs, and stress.What Is Probate?Probate is the legal process that occurs after someone passes away. It involves validating the deceaseds will, settling debts, and distributing assets according to their wishes. This court-supervised process can be lengthy and expensive, often taking months or even years to complete. Additionally, probate proceedings are public, meaning that anyone can access the details of your estate.Why a Will Alone Doesnt Avoid ProbateA will serves as a roadmap through probateit tells the court how to handle your assets, but it does not allow your family to bypass the process altogether. Many people assume that once they have a will, their estate is protected and their heirs will receive their inheritance quickly. However, relying solely on a will often leads to unintended consequences, such as:Delays in Asset Distribution  Probate can be time-consuming, often taking several months or even years before assets are distributed.Costly Legal Fees  Court fees, attorney fees, and other administrative costs can significantly reduce the value of your estate.Public Exposure  Since probate is a public process, anyone can access information about your estate, including creditors and potential disputing parties.Family Disputes  The probate process can sometimes lead to conflicts among family members, especially if there are disagreements over the wills terms.If you want to spare your loved ones the burden of probate, consider implementing estate planning strategies beyond just a will. These include:Revocable Living Trust  A trust allows you to transfer ownership of your assets into a legal entity that bypasses probate. When you pass away, the assets in the trust go directly to your beneficiaries without court intervention.Beneficiary Designations  Retirement accounts, life insurance policies, and payable-on-death bank accounts can pass directly to named beneficiaries, avoiding probate.Joint Ownership with Right of Survivorship  Property held jointly with another person (such as a spouse) automatically transfers to the surviving owner upon death.Transfer-on-Death (TOD) or Payable-on-Death (POD) Accounts  Naming a TOD or POD beneficiary on your accounts ensures a smooth transfer without probate.Gifting Assets During Your Lifetime  Reducing the size of your estate by gifting assets while you're alive can minimize probate exposure.Take Action NowUnderstanding the limitations of a will is crucial for effective estate planning. A will alone is not the right solution for most peopleit does not prevent probate, protect assets, or streamline the inheritance process. If you want to ensure that your loved ones avoid unnecessary legal battles and financial burdens, it's essential to have a comprehensive estate plan.At Entrusted Legacy Law, we specialize in creating customized estate plans that help families avoid probate and secure their legacy. Contact us today for a free consultation to discuss your best options. Schedule a consultation now by calling 412-294-9659.

The Importance of a Digital Roadmap in Estate Planning

In todays digital world, managing financial accounts, life insurance policies, and other important assets happens almost entirely online. While this convenience makes our lives easier, it also creates a potential problemwhat happens if no one knows how to access these accounts when youre gone? Previously, families could assume paper statements would materialize in the mail, but now everything is behind a password-protected wall. Without a thoughtful plan, your family members will struggle to access important information. Enter the digital estate plan. By organizing crucial digital data and storing it safely, you can ensure that your family can easily and efficiently manage your affairs without unnecessary stress or confusion.Why You Need a Digital RoadmapFar too many individuals expect their family to instinctively know where everything is when the time comes. Unfortunately, that is not always the case. Without a list of your financial and digital assets, your family might not even know that some accounts exist. Heres why you need a thoroughly documented digital roadmap:No Paper Trail: Banks and insurance companies no longer usually provide paper statements, so your loved ones will not receive a paper statement of accounts.Locked Out of Accounts: Your closest and dearest can become locked out of accounts and be unable to access money or pay regular expenses without usernames and passwords.Avoiding Loss of Wealth: If your loved ones don't know where your wealth is, they may never claim itresulting in avoidable loss of wealth.Minimizing Legal Troubles: An organized digital estate can avoid long court fights or probate delays due to lost information.What to Include in Your Digital Estate PlanYour digital guide should have a clear and comprehensive list of all important accounts and directions. Here's what to include:Financial Accounts: Bank accounts, retirement accounts, investment accounts, credit card accounts, and mobile payment apps (e.g., PayPal or Venmo).Insurance Policies: Life insurance policies, disability insurance policies, long-term care policies, and annuities.Login Credentials: Usernames and passwords for financial accounts, email accounts, and cloud storage where you keep critical documents.Legal Documents: Wills, trusts, power of attorney documents, and other estate planning documents.Bills & Subscriptions: Mortgage, utilities, credit cards, streaming services, and automatic payments.Digital Assets: Cryptocurrency wallets, domain names, intellectual property, and social media accounts.How to Store Your Digital Roadmap SecurelyOnce you have a list of your digital assets and critical account information, you must keep them secure while ensuring someone you trust knows how to access them in an emergency. Here are some effective ways:Encrypted Digital Vault: Use a secure password keeper or digital safe (e.g., LastPass, 1Password, or Dashlane) to store login credentials and confidential documents.Spreadsheets & Physical Copies: Keep a password-protected spreadsheet or a printed version stored in a fireproof safe.Trusted Executor or Attorney: Leave information for access with your estate planning attorney or another trusted relative.Legacy Contact: Many online services, such as Google and Apple, allow you to set a legacy contact who can view your account after you pass away.Taking Action NowThe last thing you want is for your loved ones to struggle with accessing critical financial information while grieving your passing. By creating a digital estate plan today, you're providing them with peace of mind and ensuring your hard-earned resources dont go missing in cyberspace.At Entrusted Legacy Law, we help families create comprehensive estate plans that include digital assets and account access. If you need assistance with organizing your digital estate or protecting your financial map according to the law, we can help. Call us today to learn more 412-294-9498.