Preparing for Your Parents’ Future (and Yours!)
By Callie W. Cowan, Esq.
As our parents age, we are confronted with the reality that their well-being may someday soon be in our hands. But what documents should we be making sure they have in place? This article will cover three indispensable documents that play a crucial role in proactive estate planning for your parents and future generations.
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Durable Power of Attorney (DPOA):
Who can sign a document on behalf of your parents? Ensure they have a Durable Power of Attorney in place so that a trusted individual can manage financial affairs during incapacity. From handling bills to making decisions, this document is an essential part of their estate planning.
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Living Will and Designation of Healthcare Surrogate:
Who will make health care decisions for your parents when they can no longer make them for themselves? This document designates a trusted advocate, while the Living Will clarifies life-sustaining treatment preferences. Both provide peace of mind for your parents and their loved ones.
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Testamentary Documents (Will or Trust):
Who will inherit from your parents? If someone passes away without a testamentary document like a will or trust in place, the statutes dictate who receives their inheritance. It is important to formalize their testamentary wishes while they have capacity to sign documents, making sure that their desires are carried out rather than being determined by the court.
Initiating Estate Planning Conversations: We all know it can be awkward to have these conversations with our parents – but it is so important. One of the best ways you can initiate the conversation is by putting your own estate planning in place and then sharing your experience and the insights gained from your lawyer's questions with your parents. Mention the importance of formalizing their wishes. Emphasize that involving your parents in the process is a collaborative effort to ensure their wishes are respected and their legacy is preserved.
Highlight potential complications that may arise without a clear estate plan, underscoring the challenges faced by families navigating legal complexities. Express your willingness to assist in researching options, finding a reputable professional, or facilitating family discussions. Assure them that your aim is to support and collaborate in securing their future and family legacy.
Why the Urgency?
One of the biggest pitfalls in Estate Planning is procrastination. Everyone knows they should get these documents prepared, but it often stays on the “to do” list from one year to the next. Unfortunately, this procrastination can lead to legal and emotional chaos during unforeseen crises. Take proactive steps to ensure your parents' peace of mind and pave the way for a smoother transition for future generations.
Ensuring your parents' peace of mind is our top priority. Take action now; schedule a free 15-minute consultation with our Attorneys to discover our unique approach to the Estate Planning process. By securing these three essential documents, you're not just fulfilling a checklist; you're investing in a lasting legacy for your family's future.