An Estate Planning Attorney For One’s Loved Ones

Nobody wants to think about their own mortality. Considering and planning our own deaths has never been high on our list of things we like to do and most of us do whatever we can to avoid it. But, life is impermanent. This too shall end and we will all eventually pass away. It is rather selfish for the impeding deceased to fail to consider what is to be done with their property post mortem. It can become a stressful and difficult ordeal to address these concerns alone afterward. That is why every estate planning attorney recommends addressing the many different possible aspects of dealing with death or debilitation.

First and foremost it is critical to draft a will. Everyone has a will whether they know it or not. The state creates one for you called intestacy. We commonly think of it as our things go to our spouse, then our children and their descendants; in situations where there are no descendants it goes back up the parents, then the siblings, then the siblings’ descendants, then the grandparents, then the parents’ siblings, and the parents’ siblings’ descendants and so on until some kin is discovered. By drafting a will however you can direct the dispersal of one’s goods. An estate planning attorney can help their client draft it up but legally it can be any document notarized and attesting to the disposition of any property or wealth.

The second most important document to have an estate planning attorney draft up is an advanced health care directive. This document specifies the health care a person wishes to receive should they be unable to specify themselves. Also, it can specify at what point they would like medical treatments to end and when they would like to abstain from life saving treatment. Additionally, it will name a health care proxy in instances where the care decisions are not clearly explicated in the directive. This person also is often given power of attorney although they need not be granted to the same person. It is, however, recommended that both of these responsibilities be decided at once. There is in many US states a single directive referred to as the “Five Wishes” that covers all of these needs.

More than anything an estate planning attorney will help ensure that in the event of something happening that kills or incapacitates their client the wishes of that client will be clear and obeyed. They can help plan funeral services and ensure that those whom the client is survived by will be provided for and not saddled with undue stresses. They will ensure that any outstanding debts are addressed and no one is forced to make a decision without knowing what the deceased or debilitated would have wanted.