Even though the calendar says March, winter hasn’t left yet. According to a recent article, “Winter safety for seniors: How to protect yourself from liability,” from News Tribune, an unfortunate event can occur at any time. What can you do to protect yourself?
Start by executing essential estate planning documents. People think “estate planning” is an elaborate way of saying “last will and testament.” However, this isn’t so. They also believe that if there is no will, their children or spouses will inherit everything. That’s not true either.
Accidents and illnesses can strike anytime, so everyone needs to have these estate planning documents in place. At the same time, they can address problems, like incapacity and disability.
Everyone should have a Power of Attorney for Healthcare, a Power of Attorney for Finances, a HIPAA authorization, a Last Will and Testament and a Living Will. Once your estate planning attorney creates Power of Attorney forms, an authorized agent can handle your financial and health matters.
When you grant someone the power to act on your behalf, you don’t lose the ability to act yourself. This differs from guardianship or conservatorship, where the court removes your authority and independence, giving another person power over your life and/or financial matters.
A HIPAA Authorization gives healthcare providers and insurance companies the legal authority to speak with another person about your care. Without this written authorization, properly executed by an estate planning attorney, your family may be shut out of critical decisions.
If you suffer from a terminal condition and cannot explain your preferences for medical treatment, your Living Will provides end-of-life instructions for your healthcare representative (granted through a Power of Attorney for Healthcare or Medical Proxy) and your medical providers.
If you have adult children, ensure that they also have these documents and an estate plan. Having a plan before you need it prevents you from adding further stress and costs to a personal crisis.
Protecting yourself from risk and the unexpected takes a little time and effort. However, when the need for these documents arises, you and your loved ones will be glad they are in place. Talk with an experienced estate planning attorney today to plan.
Reference: News Tribune (March 3, 2025) “Winter safety for seniors: How to protect yourself from liability”