NO WRITING = NO RIGHTS
Whether you are 18 years old or 87 years old, NOW is the time to set your landing gear: before crisis or death strike. Our plans, designed for your personal circumstances, will ensure that if crisis strikes, and when death arrives, you and your family will have a safe landing. Don’t make any assumptions: the fact is that if you haven’t created your crisis and estate plan, or you created it improperly, the State’s rules can overrule your wishes. A foundational plan should include an Advance Healthcare Directive, a General Durable Power of Attorney, and consideration of what is most appropriate to you: a Will, Trusts, and Beneficiary Designations. Without these foundational planning instructions, we often wind up in an emergent and costly Crisis Management situation that requires immediate attention to test the client’s capacity, consult in hospitals, care facilities or homes, draft and execute documents on an emergent basis, and if the person is crisis does not have capacity, a costly court proceeding known as Guardianship has to occur, leaving who is chosen to manage the crisis up to a judge.
With an Advance Healthcare Directive and General Durable Power of Attorney, if a medical or mental health crisis causes you to be incapacitated, even for a temporary time, YOU get to choose who will act on your behalf, not the State. YOU can choose who will make decisions for your medical needs, your legal and financial matters, your care, and care and support for your minor children. With a Will, Trust and Beneficiary Designations, YOU get to dictate who will receive, and how they will receive, your assets when you die, and YOU get to choose who will care for and support for your minor children.
Some states permit emergency medical decision-making by your next of kin, known as a “surrogate” law. New Jersey does not have a surrogate law. Instead, New Jersey requires a court proceeding known as a “Special Medical Guardianship” proceeding. But be forewarned: Even if there were such an “emergency” law, once the emergency passes, your loved one will still have to seek permission from the court to continue making decisions for you if you can’t.
No state permits anyone to manage an adult’s financial and legal matters without a Power of Attorney or appointed Guardian.
Avoid a guardianship proceeding. These two documents are tailored to your personal circumstances and can change over time. Edwards Estate & Elder Law can assist you in creating these vital customized documents, teach you how to use them, and ensure your wishes are followed.
A powerful video, “Ain’t the Way to Die”, can be seen here:
*Credit: ZDogg MD. Shared with permission.