Vital Legal Documents

Everyone who reaches adult (over 18) age should have a set of legal documents. The natural and to-be-expected contingencies of everyday living include seeing our faculties diminish (physical and mental), becoming ill, being involved in accidents, having to care for our loved ones, meeting exigent financial needs, owning property, dealing with workplace issues, planning for retirement, protecting our assets, insuring our health and our property, and, finally, recognizing that there are unique needs associated with the dying process and death itself.

As a consequence of living in our complex society, specific legal documents should be prepared for every adult. These include the following categories of documents:

Special Needs Consideration: Documents which designate just who you want to handle your affairs in the event of your absence or incapacity, such as durable powers of attorney, designations of preneed guardianship, health-care powers of attorney, designations of health-care surrogates, special titling of property, trust arrangements, and the like.

Preservation of Assets: A number of contingencies threaten the security and preservation of your assets. Insurance is available for certain kinds of contingencies (medical issues, accidents, natural disasters and death); however, not everyone can afford all kinds of insurance nor pay the premiums for the kinds and amounts of such insurance that would cover every kind of contingency. As a result, our health and welfare, as well as our property and financial security, are at increasing risk. Specialized documents, such as a wide variety of living trusts, special titling of assets, long-term-care and asset-preservation planning documents, should be considered as part of everyone’s vital documents.

Dealing with end-of-life issues: If we are “lucky” enough to die suddenly, we may never need to face what are termed “end-of-life decision-making issues.” For most of us, however, the process of dying (like the processes of growing up, having a career and family, and getting old and aging), is not an abrupt act but a drawn out endeavor taking which takes place over many months or years. As you may recall, Florida was the center of a historic political battle, the Terry Schiavo case. This case demonstrated the reason why well-drawn living wills, “do not resuscitate” directives, and health-care powers of attorney are extremely important – and not just for senior citizens. Without these documents – and the planning discussions they encourage – families can be torn apart and their finances wiped out.

Estate Planning: There is a myth that probate must be avoided at all costs. Few people really understand what probate is and what “probate avoidance” may mean. In addition, most people confuse the term “probate” with the concept of estate taxes. The avoidance of one (probate) is not synonymous with the avoidance of the other (estate taxes). More people die without having ever made a will than who have made a will. People rely upon special titling of assets (joint accounts, “payable on death” accounts, etc.) and other vehicles to “avoid probate,” not having any idea what the adverse consequences are to this kind of “estate planning.” Also, the idea of a “simple will” is wholly misunderstood. Forms can be purchased from office supply stores or downloaded over the internet, such as the so-called “simple will,” but the problems such short-cuts too often create come back to haunt your loved ones at a time when no corrective measures may be undertaken, or remedial measures then require great costs (sometimes having to be accomplished after the death of the loved one). There are many kinds of planning documents that comprise the estate-planning universe. A well-drawn will is just a start.

Organizational Documents: It is not uncommon for a wife loses her husband to suddenly find that the couple's legal, financial, insurance and property documents and information are in disarray, misplaced, lost, out-of-date, or in such a bad state, that the grief of the loss of her husband is greatly multiplied. Often the survivor’s beloved children reside a significance distance away and are not readily available to attend to their parent’s exigent needs. Besides the possibility of abuse or exploitation, the risks of harm to the aging surviving parent greatly increase. There are a number of means and related documents that put our “houses in order” and protect the widow (or widower) from being confused, frightened and threatened at such trying times.