King & Wood, P.A.

Estate Planning in Seven Steps

“Estate planning is a profound journey that transcends generations, ensuring that your legacy endures with precision and care.”

From defining financial objectives and understanding legal issues to safeguarding assets and establishing directives, every step in the creation of an estate plan is a brushstroke in the painting of your personal legacy. A recent article from Market Business News, “Crafting Your Legacy: 7 Steps in the Estate Planning Process,” describes the process of creating what is essentially a testament to protect loved ones.

Create an inventory of assets. You’ll need to be meticulous about this to ensure that all your assets are accounted for. This includes properties, investment accounts, items of value and sentimental possessions. It should include detailed descriptions and appraisals. This forms the foundation of your estate plan.

Consider your family’s needs after your death. Anticipate your family’s financial, practical, and emotional needs. Consider things like educational expenses, healthcare costs, ongoing support for basics, and, depending on your situation, recreational activities. Address this concern in your estate plan, so your family will have a secure foundation after your passing.

Select beneficiaries. This is simple in some cases and more complicated in others. You may have a traditional family or one including non-family members who are like family to you. Are there charitable concerns you want to address?

How do you want your estate divided? Be specific to avoid confusion and ensure that assets are distributed according to your intentions. Language needs to be specific and clear, with no room for ambiguity.

Store documents properly. Safeguard estate planning documents, which include your will, Power of Attorney, Health Care Power of Attorney, Living Will and others, in a secure location, like a fire and water-proof home safe. Do not put them in a bank safe deposit box, as the bank may seal the box upon your death and not allow representatives to access the box’s contents. Talk with your estate planning attorney about their recommendations.

Update your estate plan on a regular basis. Life changes, and so should your estate plan. It should be reviewed every three to five years or whenever there is a life event, including marriage, divorce, birth, or changes in your financial situation. Keeping an estate plan updated ensures that it remains relevant to your life.

Seek help from an experienced estate planning attorney. An estate planning attorney will help you navigate the complexities of legal documentation, tax implications and probate. You’ll want to be sure that your estate plan aligns with state laws. The knowledge of an estate planning attorney will provide you with peace of mind, knowing you’ve done the right thing to protect your family and ensure your legacy.

Reference: Market Business News (Oct. 28, 2023) “Crafting Your Legacy: 7 Steps in the Estate Planning Process”

Estate Plans Require Preparation for Success

“One major misconception is we simply can tell loved ones what we want to happen for the purposes of health or property distribution and family members can ensure that those wishes are followed.”

Making wishes clear to family members is never enough to satisfy legal standards, according to a recent article, “Preparation is essential part of estate plan” from The News-Enterprise. Quite the opposite occurs when family members refuse to follow verbal requests, especially when personal grievances come to the surface during times of grief.

A second misconception concerns the spouse or children being able to step in and take action for a loved one solely based on the family relationship.

Many parents have children who would make poor agents, so many don’t name their children to act on their behalf. Even if you want your spouse or child to act on your behalf, you have to name them in the proper legal documents.

A third frequent misconception is that documents can be created when needed. Not so! Documents like Power of Attorney, Health Care Power of Attorney, Living Will and others must be created well in advance. An incapacitated person cannot sign legal documents, so if no planning has been done, the family will have to petition the court to name a guardian—an expensive, time-consuming and complicated process.

Every adult should have three basic documents while they are in good health: a Health Care Power of Attorney, a Durable Power of Attorney and a Last Will and Testament.

The Health Care Power of Attorney gives another person the right to make healthcare decisions for you if you are unable to do so. It also gives another person the right to access protected health care information, including medical and health insurance records. It may also be used to authorize organ and/or tissue donation and set limitations for donation. Finally, the document may direct end-of-life decisions regarding artificial life support.

The Durable Power of Attorney allows another person to handle legal and financial matters. It can be effective upon signing or upon incapacity. Without correctly executed Powers of Attorney, the family will need to apply for guardianship.

The Last Will and Testament determines who should receive any specific property and how your property is to be divided and distributed. Wills are only effective upon death, so any property in the will continues to be yours until death. Wills are also used to name the executor who will be responsible for administering the estate. It can also be used to set up additional protections for disabled beneficiaries, minor children and others who are not good with finances.

Speak with an experienced estate planning attorney to be certain to have these essential documents to prepare for the times when life doesn’t go as expected. Preparation is key to protecting yourself and those you love.

Reference: The News-Enterprise (May 13, 2023) “Preparation is essential part of estate plan”

What You Need to Know When Making Your Will

“While many people think that estate planning is only for the wealthy, experts say that’s not the case.”

Contemplating your own mortality is not on anyone’s list of fun pastimes. However, having an estate plan is a gift to family members and is important whether you are wealthy or not, says a recent article from CNBC, “5 key things to know when you create a will and make other end-of-life plans.” Don’t be intimidated by the word “estate.” It simply means the sum of your possessions.

At its essence, your estate plan details whom you want to make decisions for you if you become incapacitated or when you die and who will inherit what you own.

Estate plans don’t need to be complicated. However, they do need to be done correctly, so working with an experienced estate planning attorney in your state of residence is essential.

Here are five key things to keep in mind as you start preparing your estate plan:

A will is never enough. The will is the foundation, identifying whom you want to receive certain property, naming an executor and naming a guardian for dependent children. However, some assets pass outside of the will, including retirement accounts, IRAs, life insurance policies and annuities. Any beneficiaries listed on these accounts supersede instructions in your will. Therefore, for example, if your ex-spouse is listed on the beneficiary designation and you never updated the document, they’ll inherit the account, regardless of how long you have been divorced.

Some 401(k) accounts require your current spouse to be the beneficiary, unless they legally agree otherwise. And regular bank accounts can have a beneficiary listed on a payable-on-death form. The same is true for brokerage and investment accounts.

If you don’t name a secondary beneficiary and the primary beneficiary has died, the assets will go into probate. Probate is the process by which the court distributes your estate. It can take months or years, depending on the state and the complexity of your estate.

When you create a will, you name an executor to carry out your wishes and administer your estate. This includes liquidating or closing accounts, distributing assets to heirs, paying debts and selling assets like your home. Make sure the person you name is willing to serve in this capacity.

Your estate plan should also include a Living Will, a document expressing your wishes for medical treatments you do and do not wish to have if you cannot communicate. In addition, a Power of Attorney is needed so someone you trust can handle your legal and financial affairs if you become incapacitated. A Health Care Power of Attorney lets someone of your choice make healthcare decisions.

Some assets get a “step-up in basis.” For example, it may be better to gift assets like stocks, bonds, or real estate to heirs after death. When these assets are sold, any increase from the so-called “cost basis” or value when the asset was acquired, and the sale price is subject to capital gains taxes. However, the heirs get a step-up in basis. The asset’s market value at your death becomes the cost basis for the heir. Any appreciation before that is untaxed. When the asset is sold, any gains (or losses) are based on the new cost basis. If you gifted these assets while living, they’d assume your original cost basis, which could lead to a big tax bill.

You may want to have a trust. For example, if you want your children to receive money eventually but not while they are too young to be responsible for a large sum, a trust can hold the asset. The trustee will make distributions according to the language of the trust. This lets you determine when your heirs will gain access to assets.

Don’t neglect to update your estate plan. Any time you have a significant life change, such as a birth, death, marriage, or divorce, you must review your estate plan. You’ll want to be sure your named executor is still the right choice and the guardian for your minor children is still the person you want to raise your children. If you move to a new state, you’ll want to consult with an estate planning attorney to be sure your estate plan is still valid, since estate laws are state-specific.

Reference: CNBC (March 19, 2023) “5 key things to know when you create a will and make other end-of-life plans”

Can I Protect My Family after Death?

“The future is uncertain. However, you can ensure that your family and loved ones are taken care of with estate planning. Estate planning is a critical component of financial planning for the future.”

Estate planning involves a close look at personal and financial goals while you are living and after you have died, as explained in a recent article titled “Professional Advice: Secure your future with estate planning” from Northwest Indiana Business Magazine. Having a comprehensive estate plan ensures that your wishes will be carried out and loved ones protected.

Your last will and testament identifies the people who should receive an inheritance—heirs—who will manage your estate—executor—and who will take care of your minor children—guardian. Without a valid will, the state will rely on its own laws to distribute assets and assign a guardian to minor children. The state laws may not follow your wishes. However, there won’t be anything your family can do if you didn’t prepare a will.

Assets with beneficiary designations can be passed to heirs without going through probate. Certain assets, like life insurance policies and retirement accounts, allow a primary and secondary beneficiary to be named. These assets can be transferred to the intended beneficiaries swiftly and efficiently.

Many people use trusts to pass assets for a variety of reasons. For example, a trust can be created for a family member with special needs, protecting their eligibility to receive government benefits. Depending on the type of trust you create, you might be able to eliminate estate taxes. Certain trusts are also useful in protecting assets from creditors and lawsuits, and ensure that assets are distributed according to your wishes.

Revocable living trusts provide protection in case of incapacity, avoid probate and ancillary probate and may provide asset protection for beneficiaries. If you are the creator of a trust—grantor—you will need to appoint a successor trustee to manage the trust if you are the original trustee and become incapacitated. Upon death, a revocable trust usually becomes irrevocable. Assets placed in the trust avoid probate, the court proceeding used to settle an estate, which can be both time-consuming and costly.

A Power of Attorney allows you to name a person who will handle your financial affairs and protect assets in the event of incapacity. That person—your agent—may pay bills, sell assets and work with an elder law estate planning attorney on Medicaid planning. The POA should be customized to your personal situation. you may give the agent broad or narrow powers.

Everyone should also have a Health Care Proxy, which gives the person named the legal right to make health care decisions on your behalf if you are unable to. You’ll also want to have a HIPAA Release Form (Health Insurance Portability and Accountability Act), so your agent can speak with all health care providers, access medical records and speak with the health insurance company on your behalf.

A Living Will is the document used to convey your wishes regarding end-of-life care if you are unable to do so yourself. It is certainly not pleasant to contemplate. However, it should be thought of as a kindness to your loved ones. Without knowing your wishes, they may be forced to make a decision and will never know if it was what you wanted. A Living Will also avoids conflicts between health care providers and family members and makes a stressful time a little less so.

Having a comprehensive estate plan provides protection for the individual and their family members. It avoids costly and stressful problems arising from the complex events accompanying illness and death. Every three to five years (or when life or financial circumstances warrant), meet with an estate planning attorney to keep your estate plan on track.

Reference: Northwest Indiana Business Magazine (Dec. 27, 2022) “Professional Advice: Secure your future with estate planning”

How Does Guardianship Work?

“If you haven't had any experience with guardianship for adults with dementia, it's likely you don't understand just how complex it is. You are not alone.”

For family members of the estimated 6.5 million dementia patients in the U.S., it is crucial to understand whether guardianship may be an option for their loved one. A recent article from Next Avenue titled “Thinking of Becoming a Guardian?” explains how the guardianship process works and what factors go into the decision-making process.

Guardianship is the position of being responsible for someone else. State courts usually appoint a guardian to make decisions for a person, if the court finds that person to be incapacitated or unable to make safe and reasonable decisions for themselves. People who are placed under guardianship, known as “wards,” often lose their independence in making financial, legal and health care decisions.

If full guardianship is awarded, the person cannot make decisions about whether they may vote, marry, where they live, or make their own end-of-life decisions.

Two tasks that are evaluated when considering guardianship are a person’s ability to manage personal finances and to take medications as prescribed.

The court may call on a geriatrician or psychiatrist to evaluate the person’s functional behavior, cognitive function, disabling conditions and ability to meet their essential needs.

There are benefits to guardianship for someone who is not able to care for themselves. It ideally creates a safety net for a person who cannot make informed decisions for themselves.

this, of course, assumes that the guardian is honest and accountable, which is not always the case. The inconsistencies plaguing the guardianship system include minimum standards for guardians, lack of regular independent reviews of the need for guardianship and lack of educational requirements for guardians.

Once guardianship is assigned, there is a tendency for the person to become lost when no follow-up is done. The very same person who lacks capacity to care for themselves is not going to be able to advocate for themselves, contact an attorney or access funds for court proceedings.

There is also a tendency to assign full guardianship for a person, rather than less restrictive alternatives.

There are alternatives, but they require planning and discussion. More than 40% of Americans have not discussed their wishes for end-of-life care with their loved ones, according to an article in the Journal of the American Geriatrics Society. Families should have a conversation at the first sign of memory loss or when preparing for retirement regarding wishes for end-of-life care and write them down as part of an Advanced Directive—also known as a Living Will and Health Care Power of Attorney—when preparing their estate plan.

Another important document, although not legally binding, is a “Value History,” where you share your values and beliefs as they may impact care choices.

Designate a Power of Attorney and list two or even three back-up candidates. This person will be responsible for financial, legal and personal matters, avoiding the need for guardianship.

Appointing a family member or friend as a guardian is the ideal solution. However, there are instances when the best person to be a guardian is not a family member, but a court-appointed outsider. This relieves the family of being the ones who need to inform a person suffering from dementia with the news of having to move into a nursing home facility or sifting through financial records to learn that the family home is in foreclosure. The family can focus on being supportive and loving, while the guardian deals with the sometimes harsh realities of the person’s life.

Speak with your estate planning attorney to learn about how guardianship works, and whether it may be the right move for your family.

Reference: Next Avenue (Dec. 23, 2022) “Thinking of Becoming a Guardian?”

Top Five Estate Planning Mistakes

“Overlooking an important step or making a blunder can derail all your careful planning, leaving your heirs and beneficiaries with a headache-inducing challenge.”

Everyone should have an estate plan, whether it’s a simple will or a detailed and complex one with trusts and strategies for multiple generations. The more care and thought put into the plan, says a recent article, “5 Common Estate Planning Mistakes to Avoid” from Kiplinger, the better the outcome. There are some common mistakes you can avoid with a little foreknowledge.

Failing to plan for incapacity. People think about creating wills and trusts with their mortality in mind. However, incapacity planning is just as important, in some cases, more important, than death. A good estate plan identifies the people authorized to make important decisions on your behalf concerning finances, health care and other important issues. It also empowers them to do so with powers of attorney. Once you are unconscious or otherwise incapacitated, you can no longer legally assign someone else to act on your behalf. Preparing for others to make decisions for you should not be overlooked.

Neglecting funeral and burial wishes. If you were kind enough to purchase a burial plot and make funeral plans, don’t make your children have to conduct a scavenger hunt. Talk with them about it and tell them where they can find the deed to your plot and the contract with the funeral home. Name a point person who will be in charge of the funeral and burial arrangements and make sure they know your wishes. If you want to be cremated, make it clear to loved ones. The more information you share before your death, the more likely your wishes will be followed.

Not considering the tax implications of transferring property. Don’t leave your loved ones a huge tax bill. It may seem generous to gift property to heirs during your lifetime. However, in many instances, giving when you have passed will create a far smaller tax burden. Your estate planning attorney will work with you to determine how to minimize taxes and maximize your gifts.

Name back-ups for key decision makers. The unthinkable happens. Spouses perish in the same accidents. If no secondary beneficiary has been named, who inherits the estate? Name additional and alternative beneficiaries in case of unfortunate occurrences. You should name a backup executor, financial power of attorney and health care agent. If a person named in your estate documents cannot fulfill their role because of death, incapacity or other reason, the court will name substitutes.

Forgetting to clarify and update beneficiary designations. If your will says you want all of your children to get an equal share of your estate, but one child is on a joint investment account and another is on a Payable Upon Death checking account, you’ve created potential disputes. It’s important to list out the beneficiaries, their asset shares and create a directive to your bank to set the interests in your accounts upon your death. Your bank may require you to change how accounts are titled to achieve your goals. Therefore, you should take care of this while you are living, so you can make any needed changes.

Reference: Kiplinger (Oct. 20, 2022) “5 Common Estate Planning Mistakes to Avoid”

Is Spouse Automatically Your Beneficiary?

“If the surviving spouse is a second or subsequent spouse and did not have any children with the decedent, the surviving spouse takes even less.”

People make a grave error when they don’t have a will because they think their surviving spouse will automatically inherit all of their worldly goods. The laws of intestacy work differently, as explained in a recent article “Estate Planning: The spouse doesn’t always get everything” from nwi.com.

The surviving spouse rarely receives everything under the intestate laws. This often comes as a surprise to people. The usual response is “Oh, that can’t be right.” Oh, but it is!

In many states, one half of the decedent’s probate assets are distributed to the spouse and the other half are distributed to the decedent’s child or children.

If it’s a second or third marriage and the couple didn’t have children of their own, the surviving spouse ends up with even less.

Assets are divided between the spouse and biological children.

Bear in mind the intestate laws only apply to probate assets. Assets owned jointly will go to the other joint owner, as well as assets listing the surviving spouse as the beneficiary.

If you’d prefer to leave more to your spouse, you need a will. Intestacy literally translates to dying without a will. If you have a will and then die, you haven’t died intestate, and the provisions don’t apply.

However, there’s more to consider. Depending on your state’s laws, if you die and there are no living children, the spouse still doesn’t necessarily inherit everything. If your parents are living, they are also entitled to a portion of the estate.

This is another reason why it’s so important to have a complete estate plan, including a last will and testament, powers of attorney and health care power of attorney.

Trusts are used to control how assets are distributed, either during life or upon death. You can create a trust to be used by your spouse by creating the trust, funding it with assets and setting the terms of the distribution.

Each state has its own laws of intestacy, so an estate planning attorney who practices in your state needs to be contacted to determine what would happen to your spouse if you didn’t have a will. Your best recommendation is to meet with an experienced estate planning attorney and create a plan to protect your spouse and your children

Reference: nwi.com (Oct. 23, 2022) “Estate Planning: The spouse doesn’t always get everything”

Why Is it Important to Have an Estate Plan?

“The problem is that while you expect to die of old age, this is not always guaranteed–which may cause uncertainties in the way your assets are distributed.”

By the time you reach your thirties, it’s likely you’ve accumulated some assets—maybe a home, a car, a savings account and some cryptocurrency. However, if you are like most millennials, even though you know you should have a will, you probably don’t. A recent article, “5 Reasons Estate Planning Is So Important” from The Baltic Times, reports a staggering 68% of millennials don’t have will or an estate plan. If you own anything, you need an estate plan. Here’s why.

A kindness to your family. A family can have great relationships. However, when someone dies and everyone thinks they have a right to the estate, fights can begin. Even if you’ve shared holidays throughout your lives, a court battle will put an end to your traditions. If there are divorced members of the family, it can become even more complicated.

An estate plan can prevent these disputes before they begin. It gives you time to discuss your plans with beneficiaries. If you have difficult family members, you may want to have a conversation in your estate planning attorney’s office. The presence of an estate planning attorney often puts family members on notice: you’re serious about this and are not going to be manipulated.

Protection for beneficiaries. Not everyone wants their immediate family to be their beneficiaries. Let’s say someone is separated but not divorced. They want to be sure their children or other family members inherit. However, without a will, the spouse will still be first in line from a next-of-kin standpoint. An estate plan directs who you want to get your property.

There are other documents in estate plans, including trusts, to further protect assets. A trust can allow you to leave property for minor children in a trust and determine exactly when you want them to receive the assets. That may be over their lifetimes, or when they reach certain milestones.

Minimize taxes for the estate and beneficiaries. Certain states have estate taxes and inheritance taxes. Even if the value of your estate doesn’t reach current federal estate tax exemption levels ($12.06 million for individuals in 2022), there may be other estate taxes you could avoid or minimize through estate planning.

Intestacy statute law. If you don’t have a will, the state has one for you, but you may not like it. Each state has what’s called “intestacy” statutes which direct how estates should be distributed when people don’t have wills. If you didn’t want your immediate family to inherit your property, it won’t matter if you don’t have a will. The partner or close friend who may be your family of choice won’t have any ability to challenge the law.

Peace of mind for you and your loved ones. Creating an estate plan establishes a legally enforceable blueprint of what you want to happen to your assets. If you have minor children, an estate plan is used to name the guardian you want to raise your children. Your estate plan also names who you want to make decisions for you if you become incapacitated through a Power of Attorney, and who may make healthcare decisions for you—Health Care Power of Attorney.

Once you have your estate plan done, you’ll find a worry you didn’t even know you had has lifted. You’ve done the right thing to protect yourself and your loved ones. It’s a good feeling to know that you’ve taken care of those you love.

Reference: The Baltic Times (Sep. 29, 2022) “5 Reasons Estate Planning Is So Important”

How Important Is a Health Care Power of Attorney?

“It is your right to keep your health information private, but is that always what is in your best interests?”

Health care decisions are often the most personal and private decisions a person can make. Information about your health can be very sensitive and if revealed to the wrong person, cause embarrassment, job loss and harm to your reputation. The HIPAA law (Health Insurance Portability and Accountability Act of 1996) was created to provide restrictive protection of medical care. A recent article from The Sentinel titled “Elder Care: The power of an informed healthcare agent” explains how this law makes it more important than ever to have a Healthcare Power of Attorney (POA) in place.

If you think you’re too young or healthy to need a health care POA, think again. If a sharp decline in health occurs, your dignity and care may fare far better with a POA than without, for several reasons. For one, if done in advance, you are the one who chooses who your health care advocate will be.

You may not think an estate planning lawyer’s office is the place to go to deal with important health care decisions. However, this is an important part of your estate plan. Planning for incapacity is as much a part of estate planning as is planning for asset distribution postmortem.

What would happen if you were still alive but not able to understand what is happening around you or unable to speak for yourself? Who would you want making critical medical decisions on your part? Your estate plan includes a Health Care Power of Attorney, which authorizes a person of your choice to be your advocate and authorize or refuse medical treatment, based on the wishes you express in this important document.

Giving someone you trust the power to make health care decisions for you has to be done while you still have capacity. Once you are incapacitated by a medical emergency, even if you have some limited ability to express your wishes, you are not legally permitted to sign this document.

A Health Care Power of Attorney is valuable even without a sudden decline in health or a serious diagnosis. Even in routine medical situations, there are benefits to naming a health care agent. Let’s say you go in for a routine colonoscopy, which is a common procedure for anyone over age 50. Several polyps are discovered and someone has to authorize the doctor’s taking them out. If you have a Health Care Power of Attorney and your agent is waiting nearby, they can authorize the removal. If not, and if the doctor has not asked for prior consent to remove the polyps, then you’d have to wait for a post-procedure meeting with the doctor and then undergo the entire procedure all over again.

Ideally, more than one person should be named as your health care agent. If the primary person is not reachable and an emergency occurs, someone else will be able to step up and help as needed.

Your estate planning attorney should also prepare a Living Will to provide guidance on end-of-life medical decisions. This includes whether you want to be resuscitated, how much medical treatment you would want in case of severe and irreversible brain damage and what life-extending procedures you’d want if you are dying from an end-stage medical condition.

Your estate planning attorney will help guide you through these decisions, since they are ultimately yours to make. However, the idea of having them in place before they are needed puts you in charge of what will happen when you can’t speak for yourself. It’s not easy to consider, but better done than left undone.

Reference: The Sentinel (Sep. 23, 2022) “Elder Care: The power of an informed healthcare agent”

How Important Is a Health Care Power of Attorney?

“It is your right to keep your health information private, but is that always what is in your best interests?”

Health care decisions are often the most personal and private decisions a person can make. Information about your health can be very sensitive and if revealed to the wrong person, cause embarrassment, job loss and harm to your reputation. The HIPAA law (Health Insurance Portability and Accountability Act of 1996) was created to provide restrictive protection of medical care. A recent article from The Sentinel titled “Elder Care: The power of an informed healthcare agent” explains how this law makes it more important than ever to have a Healthcare Power of Attorney (POA) in place.

If you think you’re too young or healthy to need a health care POA, think again. If a sharp decline in health occurs, your dignity and care may fare far better with a POA than without, for several reasons. For one, if done in advance, you are the one who chooses who your health care advocate will be.

You may not think an estate planning lawyer’s office is the place to go to deal with important health care decisions. However, this is an important part of your estate plan. Planning for incapacity is as much a part of estate planning as is planning for asset distribution postmortem.

What would happen if you were still alive but not able to understand what is happening around you or unable to speak for yourself? Who would you want making critical medical decisions on your part? Your estate plan includes a Health Care Power of Attorney, which authorizes a person of your choice to be your advocate and authorize or refuse medical treatment, based on the wishes you express in this important document.

Giving someone you trust the power to make health care decisions for you has to be done while you still have capacity. Once you are incapacitated by a medical emergency, even if you have some limited ability to express your wishes, you are not legally permitted to sign this document.

A Health Care Power of Attorney is valuable even without a sudden decline in health or a serious diagnosis. Even in routine medical situations, there are benefits to naming a health care agent. Let’s say you go in for a routine colonoscopy, which is a common procedure for anyone over age 50. Several polyps are discovered and someone has to authorize the doctor’s taking them out. If you have a Health Care Power of Attorney and your agent is waiting nearby, they can authorize the removal. If not, and if the doctor has not asked for prior consent to remove the polyps, then you’d have to wait for a post-procedure meeting with the doctor and then undergo the entire procedure all over again.

Ideally, more than one person should be named as your health care agent. If the primary person is not reachable and an emergency occurs, someone else will be able to step up and help as needed.

Your estate planning attorney should also prepare a Living Will to provide guidance on end-of-life medical decisions. This includes whether you want to be resuscitated, how much medical treatment you would want in case of severe and irreversible brain damage and what life-extending procedures you’d want if you are dying from an end-stage medical condition.

Your estate planning attorney will help guide you through these decisions, since they are ultimately yours to make. However, the idea of having them in place before they are needed puts you in charge of what will happen when you can’t speak for yourself. It’s not easy to consider, but better done than left undone.

Reference: The Sentinel (Sep. 23, 2022) “Elder Care: The power of an informed healthcare agent”