Recently, I spoke at Chicago State University and this is the first of 3 key points I made during our lively and enjoyable discussion.
Let’s start with some MYTH BUSTING!
- Estate planning isn’t just about planning for death; it is also about planning for today and retirement.
- Estate planning isn’t just for the uber rich; it’s about protecting your personal and financial interests, whatever it is you value personally above money and however much money you have.
So how exactly does basic estate planning protect you and your loved ones today and in the future? Basic estate planning tools are powers of attorney, wills, and life insurance.
Photo by Mario Alberto Magallanes Trejo, Mexico
A power of attorney is a legal document that authorizes you (the “agent”) to step into the shoes of someone else (the “principal”) and make decisions on their behalf. These authorizations typically last until the principal’s death, but can be used temporarily, for example, if the principal is going on a lengthy sabbatical. Illinois provides two types of statutory powers of attorney: property power of attorney and healthcare power of attorney. A property power of attorney provides the agent with the necessary authority to make financial decisions on the principal’s behalf and, similarly, a healthcare power of attorney provides the agent with the necessary authority to make healthcare decisions on the principal’s behalf. You should also know that the principal can design these powers to be as broad or as narrow as possible. For example, an agent with a property power of attorney may have authority to pay the mortgage but not to sell the house.
Powers of attorney are critical documents for single and retiring individuals, especially healthcare powers of attorney because normally doctors assume the spouse has a power of attorney. However, if you have no spouse and you have not delegated anyone with the authority to make healthcare decisions for you whether the decisions involve the need for life-threatening or routine procedures, you will have to make the decision while in the medical treatment facility or hospital or, if you are incapacitated, a family member or hospital staff member will make the decision for you, and that’s not the time for one to be making such decisions!
We’ve all heard the stories about fights between family members at the bank or in the intensive care unit when their loved one hasn’t made arrangements for illnesses and hospital stays, however temporary or long-term. By simply by taking the time to think of a few trusted people, you can create a sense of family accord in your family and allow you and them to focus on well-being and not who’s in charge of what. And remember, powers of attorney only last until death, which means they protect you and yours today.
Question: My wife and I are legally separated. Should I wait until the divorce is finalized before I change my healthcare power of attorney?
Answer: Do you want your soon to be ex-spouse making healthcare decisions on your behalf before your divorce is final?
