No one really wants to think about what is going to happen when they die. However, it is necessary to plan for this. There are several documents that should be part of your estate plan. The first is the will. This document provides information about what you wish to happen to your estate upon your death. An estate attorney can help you prepare a will that will meet the necessary requirements of the law.
Another document that should be part of your estate plan is an Advanced Health Care Directive (AHCD). The AHCD is a document that is written to express your wishes in regard to your health care needs should you become terminally ill, brain dead, or permanently unconscious. This document may also be referred to by an estate lawyer as a living will.
No matter how wealthy you are or what type of assets that you have in your estate; every person should have a living will. Here are several reasons why you should have a living will and discuss the document with your estate attorney.
A New York Probate Lawyer said that a living will gives you the power to determine who you will place in charge of any end of life medical decisions should you become incapacitated. Determining an agent for your living will is one of the most important aspects of creating this document. Often a person will name an agent in their living will and the same person will be given medical power of attorney as well.
If a person does not have a living will in place and they become incapacitated your next of kin will have to come to a unanimous decision regarding your care. This can create unnecessary stress on your loved ones as they will have to make some extremely difficult decisions. Naming an agent to make these decisions is a much better option than having a court making the decision.
Typically, when a living will is in place litigation can be avoided. Queens Probate Lawyers said that the living will provides a clearly written plan as to what your wishes are in regard to your health care. A person is clearly named in the document and a court will not typically go against your wishes or the decision made by the agent unless a contesting party can prove that the agent has been abusing their duty as the fiduciary.
The AHCD offers a way for your loved ones to know how you feel about being kept alive if you are terminally ill, permanently unconscious, or brain dead. This can help your family get through an already extremely difficult time.
If you are planning to create a will, trust, or Advanced Health Care Directive, or any other estate planning documents, contact Elliott Adler & Associates. Our expert estate lawyers are happy to help you with any questions that you may have in regard to planning your estate.