Just as things start to re-open, the coronavirus effects more people.  More people admitted to hospitals; more people on respirators; more people sick; more people dying.

It is time that you put the appropriate documents in place to protect you and your family.  Without the right documents in place, should something happen to you, your family will be reliant on state laws and probate courts to appoint individuals who will be responsible for your financial affairs and health-care decisions.

AND, if you have your estate documents in place, now is the time to review and update those documents.

Documents You Should Have or Review

1. Health Care Directive — is a legal document where you give someone the authority to make health care decisions on your behalf if you become incapacitated. If you are over the age of 18 and don’t have a health care directive, and you have a devastating medical emergency, your family members will have to request that a probate court appoint a guardian to make important medical decisions on your behalf.

2. Power of Attorney — is a legal document where you give someone the authority to handle your financial affairs and to protect your property (house, car, etc) should you become incapacitated.  The person you name can also pay your bills, write checks, make deposits, sell or purchase assets,and sign tax returns.

Without a power of attorney in place, there is no person legally authorized to act on your behalf, and family members will be required to request that a probate court appoint a conservator and/or guardian to take over these duties. The probate court process can be long, draining and expensive; and all of that amplifies during the pandemic.

3. Last Will And Testament — is a legal document that allows you to direct distributions of your property at the time of your death. A will also allows you to appoint an executor who oversees the distribution of your assets.

Everyone has assets that must transfer after a person’s death. Without a will, there is no direction as to how those assets will pass; distribution of your assets will be handled by the state and the court will decide on the best person to oversee the administration of your estate. A will also allows you to appoint a guardian to take care of minor children. Again, if you don’t have a will, a court will decide on the best person to fulfill this role.

Naming Someone to Act on Your Behalf

Any competent adult can serve as your agent; however, it should be someone you trust to be honest, who exhibits common sense and who acts responsibly.

You should also choose a back-up agent in case your primary agent becomes unavailable.