As an Estate Planning and Elder Law attorney I have seen the occasional client who has every intention of getting his or her legal planning done, but they just never quite get around to it. It is on their New Year’s resolution year after year but something always seems to come up pushing the planning to the back burner. Nothing sets priorities like a life altering change in the way the world is functioning. Those clients have been calling us and taking advantage of the Jones Elder Law Minimal Contact Planning program.
What they realized and what you must understand is the risk you are putting yourself under by failing to plan during this unprecedented crisis. An essential element of proper legal planning is setting out the people that will be handling your affairs should you be unable to do so. If a global pandemic forcing people to shelter in their home fails to drive home the importance of having these documents, nothing will. For the poor people who are delirious with fever and forced to seek assistance with breathing, communicating and handling their own affairs is not an option. How are they being taken care of? Who is going to speak for them and make decisions? Lawyers throughout the country are noting a surge in estate planning as a result of the pandemic. The Minnesota Star Tribute noted the pandemic was driving a surge in interest for wills and changing the manner that lawyers are handling estate planning. https://www.startribune.com/as-pandemic-drives-surge-of-interest-in-wills-minnesota-lawyers-navigate-social-distancing-and-the-law/569743572/
Everyone over the age of eighteen (18) should have a Financial Power of Attorney and a Health Care Power of Attorney. In those documents you set forth the individuals that you want to make your decisions when you are no longer able to make them for yourself. If you don’t have such documents, the law in both Missouri and Illinois presume that you do not want anyone to be able to make those decisions for you. That includes even your spouse of many years. So, if you cannot handle your own affairs and you do not have the proper powers of attorney in place, no one else can make those decisions for you!
In that situation you will be forced to go through the Conservatorship or Guardianship process. This is both time consuming and far more expensive than simply doing your planning on the front end. The court in this process will actually strip you of your rights to make your own decisions. If you later recover, you will have to return to court (at additional cost) to have that decision-making authority restored. When the court is deciding for you, the person in charge of your affairs may not be the same person you would pick. Second marriages with his and hers kids or instances where the children have family dynamic issues can make this process very difficult.
Getting the proper Financial Power of Attorney and Health Care Power of Attorney in place is not only critical to your well-being, it is a gift to the people you love. Nationally syndicated columnist Chuck Jaffey noted in The Seattle Times, even though estate planning is one of “those items we promised to get to ‘if we just had time’…be sure not to leave your family with a worst-case scenario.” https://www.seattletimes.com/business/coronavirus-shutdown-holds-lessons-to-remember-for-the-new-normal/ No one wants to have to go through the ugly process of arguing over who should be in charge of making your financial and health decisions. That damage it causes to families is often beyond repair. For anyone with children over the age of eighteen (18) you should be making sure they have these same documents in place. We have heard horror stories of worried parents trying to get information on their college age children only to be told they have no right to that information if they don’t have the power of attorney.
Be safe and make sure you plan ahead. If you or your family haven’t gotten around to your estate planning, make a virtual appointment with the experienced St. Charles County Estate Planning Lawyers at Jones Elder Law. Take control of the process by planning ahead during this once in a lifetime event. If we can help you get started, contact our St. Charles Estate Planning law firm at (636) 812-2575 and ask to schedule a virtual consultation.
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