WILLS, POWERS OF ATTORNEY, & ADVANCED DIRECTIVES
GUIDING YOU THROUGH WILLS, POWER OF ATTORNEY, AND ADVANCED DIRECTIVES
Wills
You should have a Will to be sure that in the event that you pass on unexpectedly your wishes will be known and followed. Some important reasons every adult should have a Will are:
- You can name a guardian for your children. If you die without a Will and you have not indicated in writing who will care for your children, in the event of your unexpected death, your children could be placed in a very difficult situation during a time which is already scary and emotionally painful for them.
You can name a Personal Representative who will have the power to act as though they are you with regard to your money and your property. Having your Will prepared allows you to decide and name a Personal Representative you would trust to handle your money and property.
Very often when a person dies without a Will, family and friends argue over the right to distribute property, money, and even issues regarding your children. By having a Will prepared you use your power while you are still living to decide who will handle your affairs following your death.
You decide how you want your property divided once you have passed on. By exercising your power while you are still living to provide written instruction on how your property is divided, you ensure that treasured items such as a special necklace or baseball card collection goes to the person you want to have it. Often times, when a person dies without a Will, family and friends are left to guess as to who you would want to have these items. Worse, they often fight over those decisions.
Power of Attorney for Financial Decisions
As a citizen of Maryland you have the right to designate someone you trust to handle your financial affairs in the event you are rendered unable to do so. No one plans to become unable to competently make decisions for themselves. But it happens to people of all ages; not just the elderly and those with an illness. It can happen unexpectedly. The time to choose someone you trust to handle your financial affairs while you are unable to do so for yourself is BEFORE you become temporarily or permanently incapacitated.
A Power of Attorney will allow you to name someone you trust to pay your bills from your money and manage your money and property for as long as you are still living but unable to do that for yourself.
If you become incapacitated and you do not have a written Power of Attorney in place, your family and friends may engage in arguments over who will take control of your finances and how to control your finances. Worse, it could require the Court to appoint a Guardian of your Property, allowing a Judge who is a perfect stranger to you, to decide who will make such decisions for you.
Advance Directives
Every adult should also have an Advance Directive. An Advance Directive allows you to name someone you trust to make your healthcare decisions for you in the event you are incapacitated and can no longer make such decisions for yourself.
Decisions regarding your healthcare are some of the most important and private decisions you will make as an adult. You have the right to make those decisions for yourself so long as you are capable. However, in today’s world you could find yourself in a situation where decisions need to be made quickly to save your life and preserve your quality of life after you are not competent to make the decisions or are rendered unable to talk to medical personnel and relay your decisions.
Advance Directives are not just for older people and people with an illness. Anyone can find themselves suddenly and unexpectedly rendered incompetent or simply unable to talk to healthcare providers by something as unexpected as a car accident or sudden illness.
A properly drafted Advance Directive empowers you to appoint someone you know and trust to:
- Make medical decisions for you in the event you cannot make those decisions for yourself.
- Have the power under HIPPA to review your medical records and gather information from your healthcare providers so that they can make as informed a decision about your healthcare as you would if you were able.
- Give guidance as to your wishes regarding your healthcare. For example, if you do not wish to go on a feeding tube, your Advance Directive includes that information.
- Agree with your physician to stop life-saving tactics if you are in a vegetative state or terminal condition leaving only comfort care.
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