He had surgery, had it removed and is finally recovering to almost 100%!

What gave my father peace of mind (and mom and all three children) was that we knew what he wanted if God forbid something went wrong during surgery.  He had a Health Care Power of Attorney already written and signed ready to present to the hospital when we checked him in.  He was given the hospital’s form of a Health Care Power of Attorney, but those are only valid for the particular stay and procedure, and are very limited.  And of course, are generally done under such stressful situations, that the patient is often not aware completely of what he is signing or the effect of his signature.

We are happy that dad is better now and getting back to his normal self and comforted that his wishes will be carried out if the need ever arises.

Most folks don’t like the idea of thinking about being in a situation where they are unable to speak for themselves. Unfortunately, this often leads to a lack of planning. Putting your health care wishes in writing is an important step in avoiding having someone else make a decision on your behalf with which you would not otherwise agree.

The first step in documenting your health care wishes, is a document often referred to as a living will. This is basically a statement of what kind of care you want or would refuse in the event that you become incapacitated. Don’t be fooled by the name. A living will has nothing to do with a last will and testament or a living trust. The purpose of the living will is executed solely to ensure your health care wishes are carried out.

This document can be as detailed or general as you and your estate planning attorney decide. However, it is important to plan this document with the assistance of an attorney. That way, you can be sure you are not making any obvious or overt mistakes or omissions.

The second aspect to planning health care planning is setting up a power of attorney for health care. This legal instrument allows you to appoint another individual to make medical decisions on your behalf in the event you aren’t able to communicate your desires. Choosing the right person for this job is important as they will be making decisions about your health and treatment.

Usually, these documents go into effect at the point you are determined to be incapacitated. Typically, this means that your are too ill or injured to communicate your wishes regarding your health care or treatment. In some situations, when there is a question regarding your ability to make decisions about your treatment, your doctor or family members will have to decide whether to invoke the documents.

If your health care documents go into effect, you will still be able to override them or your agent if you are still able. Your ability to make decisions on your own behalf always trumps anything placed in the documents. Even when you are unable to make and/or communicate your interests, your agent must always try to effectuate your best interests and desires.

Having these documents prepared by a North Carolina Power of Attorney Lawyer, before you become ill, shows that you care for your family and do not wish to make a difficult time any more difficult. Learn more about North Carolina Living Wills and Power of Attorneys today.

The greatest fallacy most people have about estate planning is the belief that if they die intestate (or without a will) all of their property will go to their spouse.  In fact, it is this belief that keeps many people from creating an estate plan until after one spouse dies.  But this is not necessarily true.  What happens to your estate depends on many factors, including the state in which you live, whether you have children, your marital status and whether you’ve been married before, etc.  There is absolutely no one answer to the question “What happens if I die without a will?” Are you sure you want to take your chances with what might happen?

Another issue that most people just don’t understand is that probate is more often than not a very time consuming and expensive process.  There is a good likelihood that your loved ones will need access to your estate in the months following your death—unfortunately they are not likely to get it!  Probate court calendars, informing creditors, looking for other possible heirs, other family members contesting decisions—all of these and more can keep your estate tied up in probate for months or years, and unavailable to the people who need it most.

And perhaps the least understood drawback to refusing to create an estate plan in a down economy is that the probate courts may force your heirs to sell valuable assets at a time when property values are at their lowest. This alone could result in significant losses to the estate you pass on to your beneficiaries, not to mention probate fees and estate taxes that could have been saved had you planned ahead.

Estate planning may feel like an unnecessary expense, but the more you understand the more you realize just how essential it is.  Creating your estate plan now could be the best investment you make in your family’s future.