To Be or Not To Be, That is Your Decision!!

You can dictate whether you want to be on life support. If your condition is terminal without any hope of recovery because you are in a permenant state of unconsciousness or in a vegetative state, your Living Will can speak for you. The Living Will is the fourth important document of your estate plan. It is also referred to has your Advance Healthcare Directive. You can let your family as well as medical professionals know your preference for life-sustaining treatment. Plan for those important decisions in your life. Contact our offices at http://www.ythlaw.com/ We can help you with Probate, Estate Planning and Elder Law.

Your "4" Essential Documents for Estate Planning

Most people do not know where to start when it comes to getting their affairs in order. That is what estate planning is, Getting Your Affairs In Order. The essential documents are (1) WILL; (2) LIVING WILL; (3) HEALTHCARE POWER OF ATTORNEY; and, (4) GENERAL POWER OF ATTORNEY. Each persons situation is different so you want these documents tailored to your specific circumstances. An estate planning attorney (one who specializes in this area) should be consulted. I, like many other professionals, will provide you with a free consultation so you know what to expect. You can also get my book Stop! What are you Waiting for? Your Step by Step Guide to Estate Planning. $24.99 but only $10 when you call my office for a free consultation. Contact us at http://www.ythlaw.com/

Estate Planning Mistakes - Number Twenty-Three

Estate planning is not just doing a Will. There are documents that everyone should have to address what happens if you are incapacitated or disabled. You want to make sure you have documents that take care of you while you are living.

Everyone should have a General (Durable) Power of Attorney, Healthcare Power of Attorney (to deal with physical as well as mental health) and Living Will. If you fail to have these documents and you become incapacitated or disabled, a legal guardian will have to be appointed. This is a legal process which will require a guardianship hearing before the court. You can avoid this sometime lengthy and expensive process with advance planning.

Don't make costly estate planning mistakes. Contact us at http://www.ythlaw.com/

The Important Documents In Your Estate Plan

Take advantage of the powerful estate planning tools designed to express your desires clearly. Further, these powerful tools provide guidance to your family and/or representatives during a difficult time when you would be unable to do so yourself.

The tools are your Will, your General Power of Atttorney, your Healthcare Power of Attorney, your Trust and your Living Will. Each one of these powerful tools will be discussed over the next few days. Stay tuned.

Contact our offices for all your probate, estate planning and elder law needs at www.ythlaw.com

Coleman Dies at 42

Gary Coleman, the child star of "Different Strokes", suffered a brain hemorrhage and went into a coma. Life support was withdrawn and he soon passed on. It was reported that he had named his personal representative to speak for him regarding healthcare matters when he could not speak for himself. Through that power, his agent (his ex-wife) withdrew life support.

Now at issue is the remains of his body. Who has the rights thereto? His parents or his ex-wife. Unless he provided otherwise for his remains, the parents would have the priority right. Of course, as with all of Hollywood matters, the drama continues to unfold. Did he remarry the ex-wife and therefore, elevate her status to wife?

I will continue to follow but in the meantime I continue to stress the importance of your estate plan and how it covers all of your assets, even your physical body. Leave your comments here or contact us at http://www.ythlaw.com/

Where Are Those Docs.?

Now that you have gotten around to doing your will and the other important documents; Powers of Attorney and Living Will, where are they? That is such a BIG issue for so many people. No one knows where you placed your documents.

I have advised and continue to do so that your documents should only be in one of three places. Your Original documents should be either with your

(1) attorney,

(2) a fireproof and waterproof safe in your home, or

(3) a safety deposit box at the bank.

A copy may be given to your agent under your powers of attorney or your executor under your will. Though it is not required, all of the foregoing is highly recommended. Otherwise, the calls, the search, the anguish will be high when you unable to communicate their location.

Where Are Your Documents?? Leave your comments here or contact us at http://www.ythlaw.com/

7. Discern Elder Needs

We have discussed over the last 2 weeks the 7 essential benefits of estate planning and today we address the seventh essential benefit, discern elder needs.

In 2006, the oldest of the baby boomers, the generation born between 1946 and 1964, turned 60 years old. As a result, new concerns have given rise to the specialized area of “elder law.” This term was not even mentioned when I attended law school in the early 1980’s. However, with the anticipated increase in the elderly population, the advances in technology, and the increase in life expectancy, the dynamics of our society are changing and the elder law area of practice is growing rapidly.

Elder law looks at the needs of seniors during their longer lifetime. Estate planning, as well as retirement and long-term care planning, forms a natural part of the elder law practice. Seniors are finding themselves working longer to address the cost of healthcare for elders under their care. The fact that we are living longer requires all of us to take a real careful look at long term care questions and put plans in place, like purchasing long term care insurance and getting your will, general power of attorney, healthcare power of attorney and living will done.

Want to know more about the 7 essential benefits of estate planning? Check out my new book Stop! What Are You Waiting For? Your Step-by-Step Guide to Estate Planning.

Living Wills - Surrogates

I continue to encourage people to get their living will done now while they are able to address the remote possibility of a catastrophic illness. It is important that you name a surrogate. More importantly, you must let the person you name as surrogate know that you named them and then get their confirmation that they can adhere to your wishes.

Do not name someone who CAN NOT agree with having life support withdrawn if you ever experience an end-stage condition or a permanent state of unconsciousness. Unfortunately, this has happened because either the person did not ask or confirm with their surrogate ahead of time. Listen and know that you are making the right decision with naming your surrogate.

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Town Hall Meetings and Healthcare Reform

The town hall meetings around healthcare reform are all a buzz. When I think about the importance of healthcare, I also think about the importance of having designated healthcare representatives.

We all want to be able to get appropriate healthcare whenever we should need it. Reform in our current laws is needed to accomplish this goal. We have an opportunity to impact what that law might look like. While we work with our elected officials to assure a plan that we all can live with, we should also be thinking about who will address our healthcare issues when we are unable to address them ourselves.

Do you have a Healthcare Power of Attorney? Do you have a Living Will? These documents allow you to express your wishes should you be unable to do so. They also allow you to appoint an agent to act on your behalf. The agent would be a person who understands what your desires and interests are as relates to your healthcare.

Let us have your comments or contact us at http://www.ythlaw.com/

Living Wills: The Debate Continues

As healthcare reform bills continue through congress, we pause to again reflect on the controversy over Living Wills. As I stated yesterday, a Living Will does not address all health related matters. It provides everyone with an opportunity to address our preference regarding life support if we should ever be in an end-stage medical condition or a state of permanent unconsciousness.

I wanted to add today that a Living Will can be very complex or simple. If you want to provide specific details regarding your life support alternatives, you can do that. If you merely want to state that you do not want heroic efforst used if you are in an end of life state, you can do that as well. Most important, whether your Living Will is complex or simple, it should be explained and understood by the person you name in your Living Will as your surrogate. That will be the person to address your life support preference when you are unable.

A Living Will allows you to address end of life decisions and not leave it in the hands of others who do not know your wishes.

Leave your comments here or contact us at http://www.ythlaw.com/

Living Will and Healthcare Reform

Remember, the 2005 Terri Schiavo case which received national attention. Living Wills, an estate planning document, received front page notoriety and was the topic of discussion around water coolers, coffee shops, chat rooms, you get the picture. It was all a buzz!!

Well, it's back!! This time Living Wills are being discussed in the context of healthcare reform. Doctors and medical institutions in the past had been encouraged to determine the medical treatment wishes of their patients. Have you or someone you love been to the hospital recently? What are all those forms that you have to fill out? For many medical procedures, the hospital wants to know your preference regarding any life support measures or whether you want to be resuscitated. They may ask do you have a Living Will or DNR (do not resuscitate) order.

As I have counseled my clients,a Living Will is not the same as euthanasia. However, this has become part of the current controversy. So I think it is important to discuss exactly what a Living Will is.

What is a Living Will?
In the context of laws like Pennsylvania, a Living Will is used to express your desires regarding life support for end-stage medical conditions or a permanently unconscious state, such as an irreversible coma or an irreversible vegetative state. There also has to be NO realistic hope of recovery. In other words, without life-support, death would result. Your physician and generally another attending physician would make this determination. After the determination, the surrogate named in your Living Will would express your wishes as documented.

What are Life Support Measures?
The type of life support addressed by your Living Will may include measures like mechanical respiration, cardiac resuscitation, tube feeding, or other artificial forms of nutrition or hydration. This is not an exhaustive list but merely serves as an example. With modern technology, the forms of life support continue to advance. That is why it is important to have a discussion with your physician to understand the options available and how you want to address those options.

Do You Have A Living Will?
A year after the Schiavo case brought national attention to the subject of Living Wills and people were being encouraged to express their wishes in a Living Will, I commissioned a survey and found that 69% of the local population still DID NOT have a Living Will. Age did not matter, though the older population was slightly more prone to address this topic than those much younger. The results of the survey confirmed that most people are not making Living Wills a priority. Even with the incredible media coverage surrounding the case many people just have not been moved to action by executing a Living Will. I surmised, at that time, that any increase in other parts of the region or nation was minimal.

What Next?
What will the current debate on Living Wills have on people? Will making a Living Will be on the rise, decline or remain the same. Well, I am looking forward to conducting another survey after this controversy ends.

Share your comments or contact us at http://www.ythlaw.com/