When most people think of estate planning, they think of documents like wills and trusts that specify where their assets should go and to whom their possessions should be given when they pass away. Estate planning, however, also needs to account for the risk of mental or physical incapacity — the loss of the ability to make decisions and/or to communicate decisions. At The Law Office of Joseph A. DiPiazza, LLC, we strongly recommend that your estate plan include designated powers of attorney and/or an instructive directive, such as a living will.
A power of attorney is a legal document authorizing another person to act on your behalf or perform certain duties as your agent.
The extent of authorization under the power of attorney is defined by the document. Powers of attorney can be used to authorize another party to make financial transactions on your behalf, such as to pay bills and conduct banking transactions or sell property, purchase life insurance and even apply for government benefits on your behalf.
A durable power of attorney for healthcare (also called a proxy directive) authorizes another individual to make medical and end-of-life decisions on your behalf.
In this context, “durable” means that the power of attorney designation remains valid and in effect after a person becomes incapacitated. Naming a durable power of attorney now can prevent the need for loved ones to go to court to have a conservator appointed if you become mentally incapacitated.
A living will (also called an instructive directive) is a document that explains whether or not you want to be kept on life support if you become terminally ill and will die shortly without life support, or fall into a persistent vegetative state. It also addresses other important questions, detailing your preferences for tube feeding, artificial hydration, and pain medication in certain situations. A living will becomes effective only when you cannot communicate your desires on your own. If your spouse, adult child or another relative is called upon to make a decision about your care, he or she will find it helpful if you have expressed your wishes in a living will.
Joseph DiPiazza, Esq. can help you determine the type of power of attorney or healthcare directive required for your needs and ensure that the document is drafted correctly for your protection and peace of mind.
Contact The Law Office of Joseph A. DiPiazza, LLC at 201-494-2800 for a free legal consultation.
