Posts Tagged ‘living will’

Orange County, CA Elder Law Attorney Tackles the Sibling Situation

Monday, October 17th, 2011

Siblings often have trouble agreeing on anything, so why should it be any different when it comes to Mom and Dad’s elder care? Unfortunately those of us in estate planning and elder law see quite often how families have a very difficult time when it comes to determining what is best for aging parents.

In some cases, one sibling may be expected to take on an unreasonable portion of the elder care with other siblings not recognizing (or possibly not caring) that it is a hardship. Other times, siblings simply can’t agree on the best course of medical intervention or the choice of an assisted living facility.

An estate planning and elder law attorney can actually help to avoid or work through some of these issues.

The best approach is to start early. Most siblings can likely agree that having your parents make their wishes known in advance is a good thing. The attorney can help them draw up some very important documents before they are even needed.

  • Medical Power of Attorney – This names the person responsible for making medical decisions when the parent is unable to do it for himself or herself.
  • Financial Power of Attorney – This is used to determine who will have control of the parents’ finances in order to keep the household going, pay medical bills, etc. during an illness or crisis.
  • Living Will – A living will helps to outline the parents’ wishes when it comes to medical interventions and end-of-life care. Having this in place takes some of the burden off of the adult children who would otherwise be making these choices.

If possible, it’s best to have all of the siblings aware of and in agreement about these documents, as it can cut down on the amount of frustration later.

When things do become more intense and these documents come into play, it is still likely that siblings will have disagreements about what is best. The one who has the largest responsibility for day-to-day elder care may become resentful, while another may also harbor resentments that someone else was chosen to take care of the parents’ finances. Throw in the emotions that surface when facing your parents’ mortality, and there is potential for a major explosion.

In order to diffuse the situation, an elder law attorney can direct you to other forms of outside help. For example, some families choose to hire a “geriatric care manager.” This person is able to manage many aspects of the parent’s care, and because he or she isn’t a family member, much of the associated drama is mitigated. When a situation has become too out of hand, the siblings may need to agree to use a mediator. This impartial listener can help to determine the best course of action for getting the parents the care they need while meeting the needs of the siblings as appropriately as possible.

In order to salvage an uncomfortable family situation, it may be advisable for members to seek family counseling. This is most likely to work when all of the members are invested in a positive outcome. Your elder law attorney can help direct you to many resources for counselors and mediators here in Orange County.

Orange County Living Trust Attorney Talks Disasters and Estate Planning

Thursday, May 12th, 2011

The earthquake and tsunami in Japan…

The massive tornado outbreak in the southern United States…

Serious flooding in the Midwest…

Wildfires in Texas…

These are just a few of the natural disasters making headlines.

Just listening to the news is heartbreaking.

Any of these disasters can strike at any time.

If it happened to your hometown tomorrow, would you be prepared?

One of the most important things you can do for your family is to plan ahead.

You need to have a disaster plan in place so that everyone knows what to do if disaster strikes.

Everyone needs to know where to meet, what to have on hand if you need to evacuate, and what each person’s role is in the evacuation process.

But have you planned your estate to take care of your loved ones if the worst happened in one of these disasters and you were no longer there?

You should.

Here are the basics you need to have in place, just in case disaster strikes:

Estate Planning Documents

1. Will

The most crucial estate planning document is a will.  It tells the courts who your heirs are and appoints a guardian if you have small children.  If you haven’t made a will, do it today.  If you die without one, the state gets to decide who gets your money, your possessions and who cares for your children.

And one very important note – never keep the original of your will at home.  Keep a copy and have one original with your attorney and one original in another location with someone you trust that does not live near you.  If the worst happens, the originals in your attorney’s office or in your home could be destroyed.  If you have another original in another location, you’ve covered your bases.

2. Durable Power of Attorney

This document names the person you want to pay your bills and manage your money if you are unable to do so due to some physical or mental impairment.  The person you name is your representative and can act on your behalf to handle your money and financial obligations in your place.

3. Durable Power of Attorney for Health Care

This document names the person you want to make decisions for you regarding your medical care if you are not able to do so.  Make sure your doctor has a copy of this document in your file and make sure the person living in another location who has a copy of your will has a copy of your Durable Power of Attorney for Health Care as well.

4. Living Will

A living will tells your health care providers and your family exactly what kind of medical treatment you want and don’t want if you can’t tell them yourself.

These four documents represent the very basics of estate planning.  It really does pay to plan ahead.  Get your affairs in order now before disaster strikes and make sure you’ve taken care of your loved ones and that they know how to take care of you should the need arise.

Call us and we’ll talk about all these issues before you proceed.

Schedule your Family Wealth Planning Session today.  Our Family Wealth Planning Session is normally $750, but this month I’ve made space for the next two people who mention this article to have a complete planning session with me at no charge.  Call today and mention this article.

Orange County Wills Lawyer Answers, ‘Do Advance Directives Really Work?’

Monday, August 2nd, 2010

By Darlynn Morgan, Orange County Wills Lawyer

A Living Will

Durable Power of Attorney

An Advanced Health Care Directive

Any of these documents can help to establish your wishes when it comes to the medical treatment you receive at the end of your life.

But do they really work?

According to one of the largest studies on the effectiveness of documents specifying medical treatments desired, or not desired at the end of life, yes, these documents do work.  And more and more Americans are using these tools to make their wishes known.

The results of this study, published in the New England Journal of Medicine, showed that seventy percent (70%) of the people followed in the study lacked the ability to make choices toward the end of their lives because of their mental or physical health. Fortunately, most of them had advance directives and their wishes were not only known but followed. The will of the patient prevailed.

So which documentation is the right choice?  Here’s what you need to know:

Living Will

A Living Will specifies the type of medical treatment you desire if you become incapacitated.  If you are permanently unconscious or terminally ill, your Living Will merely tells your family and the medical community whether or not you desire to receive life sustaining treatment.  The Living Will does not allow you to appoint someone else to make decisions for you.  It just makes your wishes known.

Durable Power of Attorney for Health Care

A Durable Power of Attorney for Health Care allows you to appoint an agent with the legal authority to make decisions for you, relating to health care issues and treatment, should you become unconscious, mentally incompetent or otherwise unable to make those decisions. By making this a “durable” document, you are including language to make sure that this document remains effective or will take effect if you are mentally incompetent.  In many states, you can also include language to make your wishes known with regard to “life-sustaining procedures” if you are in a coma or terminally ill.  But a word to the wise, even if you include language about your wishes in this regard, make sure you discuss them with the person you designate as your agent.

Advanced Health Care Directive

In many states, the Advanced Health Care Directive has replaced the Living Will and Durable Power of Attorney for Health Care as the document for making your wishes known with regard to health care treatment and decision making.  This document instructs others (your family and the medical community) about your care if you are unable to make those decisions on your own.  It only becomes effective under the specific circumstances you provide for in the document itself.  The Advanced Health Care Directive allows you to do either or both of the following:

-          Appoint a health care agent

-          Prepare instructions for health care

This document provides a very clear statement of your wishes about your choice to prolong your life or to withhold or withdraw treatment.  You can be as specific as you like about the medical care you want at the end of your life.  For example, if you are a vegetarian or vegan, you can specify that you do not want to be fed meat.  You can indicate whether or not you want hydration and nutrition to be withdrawn and that it goes beyond whether or not you can breathe on your own.

The Advanced Health Care Directive allows you to do everything in one document that a Living Will or Durable Power of Attorney for Health Care allow you to do separately.  If you already have a Living Will or Durable Power of Attorney for Health Care, don’t worry.   Both of these documents are still valid until you take steps to replace them with an Advanced Health Care Directive.

If you have any of these documents in your current estate plan, make sure that copies are provided to your appropriate family members, your primary care physician and/or anyone you have named as an agent in these particular documents.

If you don’t currently have these documents in your estate plan and would like an expert opinion on which is appropriate for your particular circumstances, call me, your neighborhood Orange County Wills Lawyer, to schedule your Family Wealth Planning Session today.  We can identify what needs to be done to ensure that you have the right documentation to make your wishes known and followed.

Also, as part of our estate planning process, we will interview you about your specific wishes and what you want your family to know.   We provide you with a copy of the interview so you can pass on the information you want your family to remember.  We understand that it’s not just about the paper you leave behind, but the voice you leave behind.  Our Family Wealth Planning Session is normally $750, but this month I’ve made space for the next two people who mention this article to have a complete planning session with me at no charge.  Call today and mention this article.

Find A Trusted Advisor – Before It’s Too Late

Monday, April 19th, 2010

Been thinking a lot lately about the concept of a “trusted advisor” because I keep getting people in front of me who needed a trusted advisor, but something bad happened and now it’s too late.

I recently met with a family who had been burned. Big time.  They knew that, as a young family with two small kids and a Stay-At-Home mom, they needed life insurance. Problem was, they didn’t  know anything about life insurance or what they really needed.  The person they turned to sold them life insurance that had a small death benefit and a huge premium.   It was totally wrong for their needs.  They sunk about $15,000 in to this life insurance and then had to stop, because they couldn’t make the huge monthly payments.  (The dirty little secret?  The kind of insurance he sold them gives the biggest commission to the insurance salesperson.  He had to know that he was selling them the exact wrong thing… but he didn’t care, because he got a bigger paycheck out of it).

So that $15,000… gone.  And now they have no life insurance at all, which is really scary.

Now they know they need an estate plan… but they have two obstacles. First, they have “trust” issues… they are scared to put their faith in a professional again, only to be sold a piece of cr*p that isn’t right for them by someone just out to take their money.  Second, they can’t really afford it. They are living paycheck to paycheck and they spent most of their life savings on this bogus insurance.

What to do?

Well, first off, every family needs a trusted advisor that they can turn to, to get their legal and financial questions answered.  Yes, that means you too!  Luckily, these people have found me.  And they can get to know me, so they can get comfortable that I’m the “real deal” before they put their faith in me.  Second, well, because I am the real deal, I’m willing to put my money where my mouth is. I’m in this for the long-haul with my clients.  And I know this planning is super important – more than you even know- and so we work with families to make it happen, even when you think you can’t afford it.  Call me and we can talk more about it.

Southern California Probate Attorney / Estate Planning Lawyer / Wills & Living Trusts Law Firm
Serving: Los Angeles, Orange County, Riverside, San Bernardino, San Diego & all of Southern California

The estate planning law firm of Morgan Law Group, apc serves all cities in Orange County, including: Aliso Viejo, Anaheim, Balboa Island, Brea, Buena Park, Capistrano Beach, Corona Del Mar, Costa Mesa, Coto de Caza, Cypress, Dana Point, as well as estate planning in Foothill Ravnch, Fountain Valley, Fullerton, Garden Grove, Huntington Beach, Irvine, La Habra, Laguna Beach, Laguna Hills, Laguna Niguel, Laguna Woods, Lake Forest, and estate planning and probate in Los Angeles, Mission Viejo, Newport Beach, and estate planning and probate law firm information in Orange, OC, Placentia, Rancho San Margarita, San Clemente, Santa Ana, Seal Beach, Tustin, Villa Park, Westminster, and Yorba Linda.