Estate planning attorneys, like everyone else, aim to avoid negativity while hoping for the best. However, part of our job is to bring up uncomfortable but important topics. We emphasize that anything can happen at any time, so planning is essential for people of all ages.
Events like the tragic helicopter crash that took Kobe Bryant’s life serve as a stark reminder of life’s unpredictability. The COVID-19 pandemic amplified this reality.
The good news is that you can take steps to minimize risks – not just physically, but legally – by ensuring your estate plan is in order.
Incapacity Planning
If you become unable to communicate due to illness or injury, who would make decisions on your behalf? Incapacity planning allows you to make these decisions in advance, ensuring that your wishes are followed. This process begins with advance health care directives.
A living will is one of these advance directives. It allows you to document your preferences for life-support treatments, such as cardiopulmonary resuscitation (CPR), mechanical ventilation, feeding tubes, and artificial nutrition.
Along with the living will, you should establish a durable power of attorney for health care. This legal document designates a trusted individual, called a health care agent, to make medical decisions for you if you are unable to do so.
While the living will addresses specific treatments, your health care agent can address situations that may not be covered in the document.
HIPAA Release
In 1996, the Health Insurance Portability and Accountability Act (HIPAA) was enacted to protect patient privacy. Before HIPAA, medical information was often shared freely, including for commercial purposes. Today, however, HIPAA prevents health care providers from discussing your condition with anyone other than you.
Because of these privacy rules, you should include a HIPAA release in your estate plan. This will allow doctors to communicate with your health care agent, giving them the information they need to make informed decisions on your behalf.
It’s important to note that HIPAA privacy protections apply to individuals once they reach adulthood. If you have an adult child, you may want to encourage them to sign a HIPAA release as well.
In addition to health care decisions, incapacity planning involves managing your financial affairs. A durable power of attorney for property allows you to designate someone to handle your finances if you are incapacitated.
If you’ve established a living trust, you can name a disability trustee to manage the trust’s assets in such situations.
New to Arizona? We Are Here to Help!
Our state is a fantastic place to live, and it has always been a popular retirement destination. If you are new to the state and you have an estate plan in place, you should schedule a review because state laws vary.
Those that are totally unprepared should definitely take action. When you have been procrastinating about something, a change can act as a catalyst. We would be more than glad to help you create your first estate plan so you can protect your loved ones.
We have offices all over the state. If you need an estate planning attorney in the Phoenix-Scottsdale area, Tucson-Oro Valley, or Flagstaff-Prescott-Sedona, we can help.
You can call us at 888-222-1328 to schedule a consultation, and we have a contact form on this site you can use if you would rather send us a message.
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