Author's Insights

Legal Representatives

In my organizer, When The Time Comes, I make an assumption that most people have completed the needed legal documents relating to estate planning but I know that is not always the case. Although, in my opinion, the legal documents are only about one-third of the needed information for someone to have prepared for estate planning, they are very important!

One of the comments I hear most often from people who have not prepared the necessary legal documents is that they haven't moved forward because they do not know who to select for their Executor, Durable Power of Attorney or Health Care Representative.

Other comments: They do not want to offend their children by selecting one over the other. They have no children and have no other family they feel close to. They have no one they trust to manage their estate or healthcare decisions. They do not know what type of attorney to contact.

I encourage everyone to contact an attorney who specializes in either family/elder law or estate planning to assist you through this process. An attorney will be able to answer your questions and determine the types of legal documents you need to have prepared according to your life circumstances.

If you die in intestate (without a Will) the court system will make the decisions regarding who will be assigned as your administrator or possibly who will raise your children and how your estate will be divided.

It is important to understand the duties of each position.

Executor/Trustee – This person (or persons) will begin their duties AFTER your death. They will be responsible for managing and distributing your assets/personal property; paying bills; managing properties and investments; and working through the process of administering your estate. Executors are designated through your Last Will and Testament.

Durable Power of Attorney (DPOA) - A DPOA is able to speak on your behalf if you become incapacitated or choose to have someone to speak on your behalf while still cognitively able to do so yourself. A DPOA will be able to manage your assets and business dealings, sign legal paperwork, pay bills and in short, be able to represent you while you are living even if you are mentally incapacitated. Parameters may be set as to the duties this person will have. It is important to know that the duties of a DPOA end at the time of your death at which time your Executor/Trustee takes over.

Healthcare Representative – A Healthcare Representative will be the designated person to make healthcare decisions on your behalf when you are unable to do so or if you choose for them to speak on your behalf while still cognitively able to do so yourself. This person will be able to speak with medical personnel, make life support and treatment decisions on your behalf. A Healthcare Representative is NOT designated to make financial or business decisions on your behalf or represent you as a DPOA would unless you have directly specified those duties through a DPOA document. A Healthcare Representative duties end at the time of your death.

Selecting the right person for each of these duties is very important. Qualities and attributes of the people selected will be discussed in the next article

DISCLAIMER:  The author of When The Time Comes does not claim to be an expert in the fields of banking, investments, accounting, insurance, real estate or law. The author does not provide legal advice. The information contained in this binder comes from the personal experience of the author working with families and individuals over the past 40 years as a registered nurse, health advocate, POA, Guardian and through pastoral care. Readers are advised to contact experts in the respective fields listed in the binder for additional information.

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