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Oct 09
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What is a Healthcare Power of Attorney?

By Estate Planning, Plan Ahead

When it comes to estate planning, there are many documents that cover different areas of your life, like healthcare, finances, and funeral wishes. One such document that plays a vital role in supporting your healthcare wishes is the healthcare power of attorney, also known as a medical power of attorney or a durable power of attorney for healthcare.

But what exactly is a medical power of attorney, and why do you need one? Let’s learn more about this important document!

What does a healthcare power of attorney do?

A power of attorney authorizes someone else, often called an agent, to make decisions on your behalf. There are different types of power of attorney. A general power of attorney nominates one agent who can act on your behalf in all financial, legal, and medical areas. However, if you wish to nominate someone different for each area, you’ll need to explore limited powers of attorney.

That’s where a healthcare power of attorney comes in! A healthcare power of attorney serves as one piece of your advance care directive, a set of documents that lays out the medical care you wish to receive. You can use this type of power of attorney to nominate someone you trust as a healthcare proxy. A healthcare proxy or agent will make medical decisions for you if you cannot communicate.

Remember that the medical power of attorney only names the person you wish to be your proxy and doesn’t outline your wishes. You’ll need to create a living will to document your wishes. Once you’ve documented your wishes, you can share them with your healthcare proxy so they know what decisions to make.

Who can I nominate as my healthcare proxy?

While every state has its own regulations regarding healthcare proxies, in most cases, your proxy must be over 18. Most people nominate their spouse or a family member, but you can nominate anyone you trust, like a close friend or your lawyer. It’s highly recommended not to select your healthcare provider as your proxy.

As you consider who to select as your healthcare proxy, look for someone you feel comfortable communicating your wishes to. Your proxy should be someone you trust to follow your wishes, even if they don’t agree with them. Consider choosing someone who lives nearby or would be willing to travel to you if a situation arises.

Before adding your potential proxy to your power of attorney, talk to them about your wishes and ask them if they feel comfortable serving in this role. Keep in mind that a healthcare proxy is not the same as a guardian. If you don’t have a power of attorney in place when you are incapacitated, a court may appoint a guardian to act on your behalf. A healthcare proxy is only responsible for medical decisions, while a guardian can also make financial and legal decisions.

When does the healthcare power of attorney take effect?

Your healthcare proxy will only step in if you are incapacitated or unable to communicate. If you go into a coma or vegetative state, have an issue arise while under anesthesia, or are unable to speak, move, or write after a stroke or an accident, your healthcare proxy will make decisions on your behalf. Your proxy may make medical decisions if you are in the late stages of Alzheimer’s or another form of dementia.

As long as you are conscious, of sound mind, and able to communicate, you will have decision-making power, and your healthcare power of attorney will not be used.

What decisions can my healthcare proxy make?

If your healthcare power of attorney comes into effect, your proxy will have the authority to make medical decisions. This includes decisions about the care you receive, like surgeries, treatments, medication, pain relief, CPR, and more.

Additionally, your proxy can determine which healthcare providers and physicians you use. Your proxy also has authority over what facilities you visit for treatment, including nursing homes or assisted living facilities. They may make decisions about comfort care, hospice, mental health treatment, and organ donation as well.

In many cases, your healthcare proxy will need to coordinate with the agent you have listed on your financial power of attorney to ensure that medical costs can be covered. While your healthcare proxy should follow your living will, they aren’t legally required to. They may also need to make decisions about medical issues that aren’t mentioned in your living will.

How do I create a healthcare power of attorney?

While many online resources can help you create your healthcare power of attorney, the best course of action is to consult an estate planning lawyer. Each state has different regulations, and a lawyer can ensure your power of attorney is valid.

When creating your power of attorney, you must be of sound mind. Some states require you to have witnesses when you sign the form, while others require the document to be notarized. Depending on your state’s regulations, you may also need to have your proxy sign the forms.

Once your healthcare power of attorney is created, give a copy to your proxy and your medical provider. Keep the original document in a secure location, along with your other estate planning documents.

Can I revise my healthcare power of attorney?

Yes, you can! In fact, as your circumstances change, it’s important to keep your healthcare power of attorney up to date. Whether you move to a new state or want to change your proxy, you can change your power of attorney. Just like when you write your power of attorney, you must be of sound mind to change the document.

If you do make changes to your healthcare power of attorney, make sure to revoke or cancel your previous version. Depending on your state’s regulations and your specific situation, you may need to sign a revocation letter or include a clause in your new power of attorney revoking prior powers of attorney. Don’t forget to inform all pertinent parties (like your healthcare provider and proxy) of the change. It’s also a good idea to destroy any previous copies to prevent confusion.

As you make decisions about your medical wishes and healthcare proxy, don’t be afraid to ask for help from people you trust. And if there’s anything you’re unsure about, don’t hesitate to contact a local estate planning attorney. They can ensure that your wishes are documented in a valid way.

DISCLAIMER: Individual circumstances and state laws vary, so any estate planning should only be undertaken with the help and assistance of an attorney licensed in your state.

Oct 04
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Woman in mustard yellow cardigan sitting at table, signing documents

Understanding the Living Will & Why It Matters

By Educational, Estate Planning

When planning ahead for the future (even the far future), it’s important to make sure you cover all the bases. That means making decisions about your physical estate, digital estate, funeral plans, and medical care preferences. Today, we’ll discuss the living will and how it helps your family understand your treatment preferences in a medical emergency or life-threatening situation.

Black stethoscope laying on paperwork that says "Living Will Declaration"

What is a Living Will?

First, let’s define the term “living will.” Sometimes confused with the “last will and testament,” the living will has a separate purpose: to communicate your preferences regarding life-prolonging medical treatment. Essentially, the living will spells out the medical treatments you would or would not want used to keep you alive. It provides direction on life-prolonging procedures, treatment for terminal conditions, and vegetative state conditions.

For example, if a person has no brain function after a serious car accident, they might not want to be kept alive with a ventilator. The living will is the document where that person would indicate they do not want a ventilator used to prolong their life under these circumstances.

You can create a living will at any age. And the living will only comes into play if you are in a life-threatening situation and are incapacitated and unable to make decisions for yourself. If you are awake and coherent, the doctors will ask you directly about your care and not consult the living will.

Asian man in brown jacket sitting at a table while opening an envelope with papers inside

Why Would I Create a Living Will?

In cases where a person is unconscious or incapacitated (coma, dementia, brain damage) and is suffering from a terminal illness or life-threatening injury, doctors consult the living will. However, if there’s no living will available, all medical care questions are posed to the spouse, family members, or designated healthcare proxy.

The main reasons to have a living will are four-fold:

  1. Make your medical preferences known to your family, loved ones, and doctors
  2. Relieve your family from having to make difficult medical decisions on your behalf
  3. Reduce confusion or disagreements regarding your medical care
  4. Protect your loved ones from the emotional toll of taking on the responsibility of deciding your life or death

By creating a living will, you decide what’s best for you. In a sense, even in a dire situation, you can still control what happens to you.

Two men reviewing living will documents together

What Medical Decisions Should I Address in the Living Will?

You can address whatever medications or treatments you want in the living will, but here are some things you should consider mentioning:

As you consider your options, remember that you are only recording your wishes for emergency medical situations where you are incapacitated or unable to make decisions yourself.

If you aren’t sure what the pros and cons are of each type of treatment, schedule time with your primary care physician to discuss the implications of each. Also, try not to make decisions without input from others. Include your spouse, partner, or close family members in the discussion.

Man and woman sitting at home and reviewing documents together

How Do I Write a Living Will?

Many states provide a template you can use to record your medical care preferences, but if that isn’t an option, contact an estate planning attorney. They will be familiar with your state’s specific laws and can ensure all your bases are covered.

However, here are a few things to keep in mind as you consider writing a living will:

  • Think about your personal values. Would you want treatment only if a cure were possible? Do you want medical professionals to do everything they can to save your life?
  • Consider your family’s wishes about each type of medical treatment.
  • Take your religious beliefs into account. For some people, religious tenets may dictate the types of care they choose to receive.
  • Many states require you to sign the living will before witnesses or a notary. Talk with an estate planning attorney or familiarize yourself with your state’s requirements.
  • List your healthcare proxy’s name and contact information if you have one. This person makes medical decisions on your behalf, using your living will as a guide. Click here to learn more about how to set up a healthcare proxy.
  • Your living will must be in writing to be legally valid.
  • If you choose to use a living will template, make sure to download the one intended for your state.

As you consider what to include in your living will, remember that you won’t think of every possible medical emergency. Instead of trying to plan for every scenario, address what you can and trust your healthcare proxy or your family’s judgment regarding any unexpected scenarios.

Older woman in bright orange sweater sitting at table, signing a legal document

What Do I Do with My Living Will Once It’s Complete?

Once your living will is signed and witnessed, it’s time to distribute it to all the pertinent people. You will want to:

  • Keep the original in a safe but easily accessible place.
  • Give a copy to your primary care physician.
  • Give a copy to your healthcare proxy if you have one.
  • Discuss your medical decisions with family if you haven’t already.
  • Consider carrying a wallet-sized card that indicates you have a living will and identifying your healthcare proxy by name and contact information.
  • Keep a copy with you when you are traveling.

How Long Does a Living Will Last?

It lasts until you cancel it. To cancel it, all you need to do is destroy all current copies. Make sure that any copies you gave to family members, doctors, or anyone else are destroyed and replaced.

Mature couple sitting down with attorney to discuss and sign legal documents

Can I Change or Revoke My Living Will?

Absolutely! Once a living will is signed, it goes into effect. However, if you want to make changes or revoke it, destroy all copies of the old living will and replace them with your new, updated documentation.

It’s always a good idea to review your living will occasionally, especially if something in your life has changed. For example, have you received a new diagnosis? That might affect how you feel about certain medical treatments. Have you married or divorced? You might want to update your healthcare proxy.

A good rule of thumb is to review your living will every ten years or so. Not only might your personal circumstances have changed, but your stance on certain medical treatments may have altered.

Signing a document, focus on paper and pen

Can My Living Will be Broken or Ignored?

Yes, it can. If you designate a healthcare proxy, that person has the authority to make medical decisions on your behalf and can go against your wishes. This is why choosing someone you trust as your healthcare proxy is important.

Also, your living will can be ignored if it is deemed invalid. For example, if you didn’t get the proper signatures or any previous living wills weren’t destroyed, your current directives may not be followed.

However, if you follow your state’s laws and choose a healthcare proxy you can trust, you should have no problems.

If I Move to Another State, Should I Update My Living Will?

The short answer – maybe. If you decide to move to another state, it would be best to consult an attorney on whether you need to create a new living will. And if you split your time between two homes in different states, ask your attorney if it would be best to have a living will in each state. They can advise you on the best way forward.

Woman in mustard yellow cardigan sitting at table, signing documents

Do I Need a Doctor or a Lawyer to Review My Living Will?

Legally, you do not have to get input from a doctor or a lawyer, but it would be a good idea to do so if possible. They can offer insight from their respective fields and ensure everything is done well and correctly. All decisions are entirely in your hands, so if you disagree with your doctor, that’s fine. But sometimes, you don’t know what you don’t know, and it’s helpful to have an expert by your side.

If you have additional questions about the living will and its purpose in protecting your family and communicating your medical preferences in emergencies or life-threatening situations, contact a local estate planning attorney. They are the best source for accurate information on how to proceed with creating a living will.

DISCLAIMER: Individual circumstances and state laws vary, so only undertake estate planning with the help and assistance of an attorney licensed in your state.

Sep 25
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young boy hugging his grandparents as they smile at him

7 Questions to Ask When Estate Planning with Dependent Children

By Children, Estate Planning

None of us want to think about a time after we’re gone when our children, grandchildren, or other minor dependents may be on their own. But putting together an estate plan is an important step to ensure that your dependents are protected. Plus, having a plan for your dependents can give you peace of mind, knowing they’ll be cared for and provided for.

As you start estate planning with your dependents in mind, here are a few specific questions to consider:

1. Who would you want to have as your dependent’s guardian?

male guardian in light yellow shirt resting his hand on a teen boy's shoulder

Choosing a guardian is one of the most important steps to take when estate planning for your minor dependent. If something happens to you, someone will need to take care of your dependent. A guardian can be a family member or a friend.

As you decide who to name as a guardian, look for someone you trust who gets along with the child and can provide the level of care the child needs. Talk to the potential guardian and make sure they agree before you decide.

Once you know who your dependent’s guardian will be, you’ll need to officially nominate them as part of your will or a power of attorney. Talk to your estate planning attorney to determine which option is best for you.

2. What information does the guardian need to know?

paper cutout of a family in front of a gavel

Even if your chosen guardian is a close family member, there are many things about your minor that they may not know. And if your dependent is very young, they won’t be able to share important information, like their social security information or medical history, with their guardian.

That’s why keeping all important documents organized and in a safe place is important. You should securely store items like your minor dependent’s birth certificate, social security card, medical and vaccination records, and other important documents. Additionally, you may want to include information about their doctors, school records, and any allergies or other health issues.

You should also consider parts of your digital estate relating to your dependents, like any online school accounts, email addresses, or photo albums. Store passwords and login information for these in a secure location like a specific notebook or an online password manager.

As you gather this important information, consult your estate planning attorney to find out where to include information about the location of these documents in your estate plan.

3. Who should make decisions if you’re incapacitated?

red pen laying on a document that says power of attorney

Minor dependents cannot make legal or financial decisions if you become incapacitated. That’s why you need to plan ahead and make sure someone you trust can make those decisions. By creating a power of attorney, you can nominate a trusted person to make legal, financial, and medical decisions if you become incapacitated and cannot make decisions. If you wish, you can also create separate powers of attorney to nominate different people to make decisions in each area.

4. How should your dependent be provided for?

young woman outside holding a little girl on her back who has her arms outstretched like an airplane

When it comes to providing for your dependents financially, you have plenty of options! You can name your dependents as beneficiaries in your will, create a trust to split funds between dependents, or add your dependent as a secondary beneficiary of your life insurance.

However, remember that minors need a legal adult to serve as trustee over any money they inherit before turning 18. The trustee can be the same person you choose as their legal guardian or someone different, as long as it’s someone you trust to manage the inheritance.

What works for one family may not work for yours, so talk to your estate planning attorney to pick the right option for your family. They can also tell you how to nominate a trustee in your estate plan.

5. Do you have any specific requirements for your dependents or their guardian?

young boy hugging his grandparents as they smile at him

What requirements would you have for your minor dependents if something happened to you? Would you want your children to stay together in the same home? Do you want them to stay in the same area and attend the same school?

Think about the things that are non-negotiable for you and your family. Make sure to communicate with your chosen guardian about your wishes for your dependents. If some requirements are costly (e.g., if the guardian would need to move to a different area), consider setting aside extra funds to help cover that cost.

6. Does your dependent have any special needs?

woman smiling at a boy in a wheelchair on a beach

Children and adults with special needs or health concerns may require extra care. If this is the case for your dependent, make sure to consult with their potential guardian and make sure they’re up to the task – especially if your dependent with special needs will need care for the rest of their life.

Once you have guardianship sorted out, consider the costs of the care your dependent needs. One way to provide for their needs is to set up a special needs trust, which can help preserve your assets and ensure your dependent receives the care they need. Check with your estate planning attorney to learn about the requirements for special needs trusts and determine if this option is right for you.

7. How often should you update your estate plan?

person filling out a form by hand with a pen

As life changes, the needs of your family change, too, which means you’ll need to keep your estate plan up to date. Maybe you have a new significant other and want to nominate them as guardian now. Or maybe your financial situation changed and you want your assets distributed differently. In that case, you’ll need to talk to your attorney about updating your estate plan.

Additionally, life may change for your chosen guardian. They may get married, divorced, or have their own kids. Or, due to other changes, they may no longer feel able to care for your dependent. Every few years, or when a major change happens with your chosen guardian, check in with them and see if they still wish to be named as guardian.

Even if no major changes have happened in your life, you’ll still need to check your estate plan every few years to ensure everything matches your wishes.

As you make decisions about providing for your dependent, talk to your trusted friends, family members, and advisors about your choices. Everything is ultimately your decision, but don’t hesitate to ask for help or advice if needed. While making decisions about the future may seem daunting initially, once it’s done, you can rest easy knowing that a plan is in place to care for your dependents.

DISCLAIMER: Individual circumstances and state laws vary, so only undertake estate planning with the help and assistance of an attorney licensed in your state.

More Estate Planning Resources

Jul 02
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Person sitting at desk in front of a laptop, doing a Google search

Digital Estate Planning: Understanding Google’s Inactive Account Manager

By Educational, Estate Planning

With the introduction of the internet, estate planning became a smidge more complicated than it used to be. Why? Because now we must take our digital (online) estate into account when creating an estate plan. However, there are ways to keep it simple! Today, let’s talk about Google accounts, the Inactive Account Manager, and how you can set up your Google accounts to be accessible when the unexpected happens.

Person sitting at desk in front of a laptop, doing a Google search

What is the Inactive Account Manager?

The Inactive Account Manager allows you to give someone else access to your Google accounts if you become inactive. Generally speaking, if a Google account isn’t used for two years, then Google considers it inactive. At that time, Google will begin emailing you, and if there’s no response after a period of time, they will automatically delete your accounts.

However, if you set up “Trusted Contact(s)” (up to 10 people) through the Inactive Account Manager, they will get emails about your inactive account, have access to it, and can save any files, photos, videos, etc. that would otherwise be lost. During the set-up process, you will set permissions on what type of information each Trusted Contact can access.

What qualifies as a Google account?

Google is a big company, responsible for many types of accounts you may be familiar with. For example, do you have a Gmail email address? Do you have a YouTube account? Google Photos? Google Drive? There’s also Google Meet, Google Maps, or the Google Play Store. And this isn’t even the full list. So, if you use Google products, anything you have saved could be deleted should you become inactive.

Man at home at his desk working on the computer, hand on mouse

What does Google consider “inactivity”?

There are many actions you can take to let Google know that you are still alive and active. These include:

  • Reading or sending an email
  • Using Google Drive
  • Downloading an app
  • Sharing a photo or downloading from Google Photos
  • Watching a YouTube video
  • Searching on Google
  • Signing in to a Google account

As long as you complete an action like one of these, Google will consider you active. And your activity is tracked by account – not device. So, if you are active on your laptop one day and your phone the next, as long as both are signed into your Google account, it will be recorded as activity.

However, if you have more than one Google account, you’ll need to be active in each one individually to avoid inactivity alerts.

What if I’m inactive but not deceased?

Before emailing your Trusted Contact, Google will first attempt to contact you several times. If you are still alive and well, you can access your accounts to create some activity. Doing so will prevent any emails from being sent to your Trusted Contact(s). However, if there’s no response from you, Google will email your Trusted Contact(s).

Man and wife at kitchen table with laptop in front of them

What type of notification will my Trusted Contact(s) receive?

When you set up your Inactive Account Manager, you will be asked when you want Trusted Contact(s) to be notified. Google defaults to two years of inactivity, but you can choose a shorter time period, if you wish.

When that time period passes, your Trusted Contact(s) will receive an email notification. This email will contain a Subject Line and personal message written by you (during the set-up phase) as well as a footer explaining that Google is sending the email on your behalf. The email will also include a list of data that the Trusted Contact has access to view.

When your Trusted Contact(s) logs into your account, their identity will be verified before they are given access. And of course, let whomever you choose know that you have selected them as your Trusted Contact(s). This way, the email won’t be confusing to them or feel out of the blue.

Mature woman in blue shirt sitting on couch, working on laptop and writing down notes

What happens if I don’t set up an Inactive Account Manager?

First, Google will attempt to reach you by sending multiple emails to your Gmail address and to any recovery email you added when the account was created. If there’s no response from you, your Google accounts will be deleted, and any files will be lost. If that’s your preference, then there’s no need to set up an Inactive Account Manager.

However, if you’d like your family to have time to download any files, photos, or videos before they are deleted, then you might consider setting up an Inactive Account Manager. Or, on the flip side, if your family would like access to your files (even if you don’t care), it can be a big hassle for them to try to request access after your death. By being proactive about giving them access, you save a lot of time and headaches.

Why does Google delete old accounts?

It’s mostly for security reasons. Older accounts are more likely to become compromised, making them susceptible to spam or malicious intent. To prevent misuse, Google monitors activity and deletes inactive accounts.

Man in button-down shirt holding a tablet, focus on tablet

How do I set up an Inactive Account Manager?

When you create a Google account, the Inactive Account Manager function is dormant. You must set it up manually. This way you have control over who accesses your data if you become incapacitated or pass away.

To set up your Google Inactive Account Manager, get on one of your electronic devices (phone, tablet, laptop) and click https://myaccount.google.com/inactive. Google will prompt you to sign in (if you aren’t already) and will walk you through the set-up process.

During the set-up process, you can expect to:

  • Choose an inactive period (instead of Google’s default of two years, you can choose a shorter timeframe to be contacted about inactivity)
  • Add relevant details, like your phone number, email address, and recovery email address
  • Add the name, email address, and phone number of your Trusted Contacts (up to 10 people; they do not have to have a Google email address)
  • Select which services each Trusted Contact has access to (you control what they can see)
  • Write out your custom auto-reply message (your Trusted Contacts will receive this message if your account becomes inactive)
  • Review and confirm your preferences

In the future, if you decide you’d no longer like to use the Inactive Account Manager and would prefer that Google just delete your account, you can go to the Inactive Account Manager page again and select “Turn off my plan” under the “Manage your plan” section. There’s also an “Edit” section if you want to update your auto-reply email or change your Trusted Contacts.

Person sitting at table at home with laptop and cup of coffee

I’ve set up my Inactive Account Manager – what’s next?

Now, as with any part of your estate plan, it’s time to write down what you’ve done and update things when needed. Circumstances and relationships are constantly changing, so whether it’s your legal will, your beneficiaries, or your Inactive Account Manager, visit your selections every few years to make sure you still agree with your previous choices.

Additional Estate Planning Resources

In addition to looking after your Google accounts, you most likely have other online accounts that should be considered when setting up an estate plan. To help you through the process, here are a few additional resources you may find beneficial.

Jun 03
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How Preplanning Eases Emotional, Financial & Legal Burdens After a Death

By Estate Planning, Plan Ahead

After a death, there are three main types of burdens left behind for surviving family members to deal with: emotional, financial, and legal. For those who have planned a loved one’s funeral or closed out an estate, you know how complicated things can get. However, with a little preplanning, you can create a plan for both your funeral and estate, ensuring that everything goes much smoother for those left behind.

Let’s talk about each of the three burdens and how advance planning can ease the stress family members may feel after a death.

Young Asian couple who are experiencing emotional stress, sitting on the couch at home

1. Emotional

While nothing will stop family and friends from feeling grief after the death of a loved one, advance planning can decrease emotional stress. By recording your funeral wishes in writing and putting together a legal will, you give your family a roadmap to your specific wants and desires. In other words, they won’t have to guess what you want and then stress over whether they made the right choices.

Without a clear plan, families may overspend on a funeral or argue with each other over the best way to plan the service or distribute the estate. Both of these situations may increase emotional tension and create unfavorable experiences for everyone. To reduce the possibility of these emotional stressors, take time to put your preferences in writing, so no one can dispute your wishes.

To learn more about the benefits of planning ahead for your funeral wishes, check out these helpful articles:

What is Advance Funeral Planning?
5 Emotional Benefits to Funeral Preplanning
What to Expect at a Preplanning Appointment
How to Get Started with Funeral Preplanning
10 Reasons to Plan Ahead

Person putting coin in a piggy bank, preplanning and saving up for future financial needs

2. Financial

Another big burden after a death is financial. For those who do not preplan or pre-pay for their burial or cremation plans, the emotional and financial burden will fall on surviving family members. And for many families, the cost of a funeral can be heavy, especially if they don’t have extra funds readily available.

However, you can remove this burden from your family by preparing in advance. For your funeral plans, you can either set aside funds in your bank accounts to be used when needed or you can set up a prepaid funeral insurance policy. Many people also choose to use a life insurance policy to pay for a funeral. However, keep in mind, it could be 6-8 weeks before the money is available. This means your family will still need to come up with the funds on their own and be reimbursed by the insurance company later.

To learn about prepaying for a funeral or setting aside funds, check out these resources:

6 Ways You Can Save Money with Funeral Preplanning & Prefunding
3 Funeral Insurance Options You Should Know About
Understanding Prepaid Funeral Insurance Policies
The Truth About Life Insurance and Funeral Expenses
10 Questions to Ask Before You Prepay Your Funeral

Shaking hands with an attorney

3. Legal

The final burden relates to legal matters, particularly surrounding a lost loved one’s estate. Some estates are simple while others are very complicated. But no matter which one is you, having a plan in place will only make things easier for your successors. Perhaps the most important document is a legal will, which outlines how you want your estate distributed. Without this document, it falls to the state to decide what happens to your property. If that happens, your property and assets may not go to the people you want.

So, to prevent future headaches and heartaches for your loved ones, talk with an estate planning attorney. With a professional by your side, you can put together a comprehensive plan that protects your assets and ensures that everything goes to the right people.

To learn more about estate planning and how to get your affairs in order, read the following articles:

How to Make an Estate Planning Checklist
Getting Your Affairs in Order
The 5 Most Important Estate Planning Documents
Estate Planning for the Blended Family
4 Reasons to Keep Your Beneficiaries Up to Date

Mature African American man makes phone call from his home; prepping for preplanning

What’s Next?

The death of a loved one brings many different challenges with it. By preplanning in a few key areas, you can reduce the emotional, financial, and legal burden your family may feel. And remember – you won’t be on your own during this process.

For any funeral needs, choose a trusted funeral home in your area. The funeral staff will help you understand what details to plan and how to pre-pay (if you wish). And for estate planning, always consult an attorney licensed in your state. They can ensure that all the right documents are created to your specifications and meet state requirements.

With your funeral and estate plans in place, your family will be set up for success and will have an easier time after your passing.

DISCLAIMER: Individual circumstances and state laws vary. Only undertake estate planning with the help and assistance of an attorney licensed in your state. 

May 14
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group of people of mixed ages, races, and gender, smiling with a positive mindset

Living Better: How Positive Thinking Can Improve Your Life

By Estate Planning, Living Well, Plan Ahead

As we get older, we tend to reflect on our lives and examine how we’ve lived. Did we live a meaningful life? Have we left behind a legacy that we’re proud of? While everyone has a different idea of what a “meaningful” or “good” life looks like, making small, positive changes, like creating a positive mindset, can help you feel more fulfilled and healthier.

group of people of mixed ages, races, and gender, smiling with a positive mindset

One way to make changes and create a positive mindset is to build a habit of positive thinking! Studies suggest that positive thinking can significantly improve physical and mental health. It’s not always easy to view the glass as half full, but with practice and persistence, you can cultivate a state of mind that will make you more appreciative of the good in life and more accepting of the bad.

Here are a few ways to build a positive mindset and improve your life!

Practice Contentment

Older happy couple sitting in a green field of dandelions

What does it mean to be happy? Most people don’t find happiness in a stable job, a large paycheck, or even fulfilling their biggest goals. Instead, the most significant factor that influences true happiness is contentment, being satisfied with your current situation.

Maybe you don’t have as much in your retirement savings as you would like. Maybe you never got to work at your dream job. Or maybe you’re experiencing more physical pain as you age. All of these things can be genuinely frustrating, but choosing acceptance and contentment can help you build a more positive perspective.

Instead of focusing on what you don’t have or dwelling on “If only” or “I wish” statements, try to find ways to be content with where you are. Adversity and hardship are a natural part of life, and learning to accept those negative experiences can help improve your health and create a more meaningful, enjoyable life.

Create a Habit of Gratitude

Young woman looking out a window and writing in a gratitude journal

Contentment is the ability to deal with life’s negative events, and gratitude is the flip side of that: the ability to focus on and cherish positive events. Studies suggest that practicing gratitude can reduce stress, lessen anxiety, and improve overall health, thereby increasing quality of life.

But often, it’s easier to focus on the negative aspects of life instead of the positive aspects, especially during hard times or when you’re grieving. Thanks to this negativity bias, practicing gratitude can be a struggle. However, if you build up a habit of gratitude by finding something to be thankful for every day, you can find positivity on even the most challenging day.

How can you build a habit of gratitude? One way is to spend a few minutes each day writing in a gratitude journal. You could also set aside time to say what you’re grateful for, like when you’re doing the dishes or driving to work. Whether you have big or small things that you’re thankful for, taking a few minutes to appreciate them can help you create a positive mindset.

Choose Your Thoughts Wisely

Young african american man thinking with his eyes closed and a smile on his face

What you think has great power. The thoughts you focus on affect your words, actions, and overall mindset. While we can’t always choose the thoughts that enter our minds, we can control what we do with those thoughts. When a negative thought about your appearance, personality, or past enters your mind, do you internalize it and dwell on it? Or do you dismiss it, shift your focus to positive attributes, or take time to remind yourself of what’s important?

In the same way, you can shift your inner dialogue to focus on positivity. When you catch yourself being overly critical of yourself or others, pause and evaluate your thoughts. Is your inner voice being helpful or just judgemental? Is there something more beneficial you can think about? The answer is usually yes!

This doesn’t mean that you try to suffocate negative thoughts and emotions. Negative feelings are a natural part of life, and letting yourself experience them is essential. But as you build a positive mindset, you can learn to differentiate between healthy and unhealthy thoughts.

Of course, having a positive mindset is not the only way to a better quality of life. Eating well, exercising regularly, and avoiding destructive habits are also important for your well-being. But by training your brain to think positively, you can get so much more out of life – and enjoy it more, too!

May 02
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Woman with a gray fuzzy sweater holding a small green bird and smiling

Protect Your Pet: 4 Steps to Create an Estate Plan for Your Pet

By Estate Planning, Pets

When creating an estate plan, most people think about caring for their families after they die. But what about your pets? How do you know that your pet will continue to be cared for?

There are plenty of crazy stories about the rich setting aside millions for their pets, but you don’t have to be a millionaire to make sure your pet is cared for after your death. Follow these 4 steps to create a plan to protect your pet!

DISCLAIMER: Individual circumstances and state laws vary. Only undertake estate planning with the help and assistance of an attorney licensed in your state.

1. Choose a Caretaker

Woman with a gray fuzzy sweater holding a small green bird and smiling

Who do you want to care for your pet when you’re gone? Picking a caretaker is an important first step.

Do you have a responsible friend or family member who gets along well with your pet? While you look for a possible caretaker, talk to the people you trust to see if they would be interested. Some people may have other pets, small children, or demanding jobs that could make them unwilling or unable to take on the extra responsibility.

If you don’t know anyone who can care for your pet, there are other options. Pet legacy programs around the world work to connect pets with loving families after they lose their owners. You could also leave your pet with a local no-kill animal sanctuary or rescue organization that will find it a new home.

2. Add Your Pet to Your Estate Plan

Small fluffy brown dog running in green grass

Once you’ve chosen a caretaker, you have several options for ensuring your pet goes to them. The most common ways to leave your pet to your chosen caretaker are with a non-legal arrangement, a clause in your will, a trust, or a pet power of attorney. Before deciding, consider whether there may be a conflict about your pet’s care among your family or any extra provisions you want to make, like setting aside money for your pet’s care (see point #4).

As you consider the best option for you and your pet, talk to your estate planning attorney. They can provide you with extra information regarding your state’s specific regulations and help you set up a plan that fits your needs.

3. Share Your Pet’s History

Vet holding a black and white bunny

Even if your caretaker is someone you know, they’ll need extra information about your pet’s history. To help with that, you can create a document with the necessary information. Consider adding details about your pet’s:

  • Vaccination history
  • Current and past medications
  • Medical issues (past and present)
  • Adoption papers
  • Any American Kennel Club or other breed registration information
  • Special dietary needs

Make sure to keep the document up-to-date when things change with your pet.

4. Set Aside Funds

Older woman petting a peaceful cat on her lap

Because pets are legally considered property, you can’t leave them money in your will. However, you can set aside funds to help pay for their food, care, and medical expenses as they transition to their new caretaker. One of the most common ways to do this is by setting up a pet trust.

If you choose to set aside funds for your pet’s care, consider the typical cost of their food, medical expenses, etc. By providing these funds for your chosen caregiver, you can lighten the burden of caring for your pet and ensure that your pet is cared for in the way you want.

While thinking about what will happen to your pet after you’re gone can be sad, remember that planning ahead can make the transition easier for them. Once you make decisions about your pet’s future, trust yourself and your choices. You know your pet best, and once you have an estate plan for your pet in place, you can rest easy knowing that they’ll be well cared for.

Jan 17
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Mature woman sitting down with female doctor, reviewing paperwork together

Developing Your Advance Care Directive

By Educational, Estate Planning, Planning Tools

Have you recorded your preferences for medical care through an Advance Care Directive? Most people remember to write a will and put their funeral wishes in writing, but it’s also a good idea to lay out your wishes for medical care. By creating an Advance Care Directive, you give your family valuable insight into what type of medical care you prefer. That way, if you ever become incapacitated, they know what decisions to make regarding your health. Let’s take a deeper look at the Advance Care Directive – what it is and how to plan for it.

Mature woman talking with her doctor about her medical preferences

Advance Care Directives Explained

An Advance Care Directive (ACD), also known as an Advance Healthcare Directive (AHD), ensures that your medical wishes will be followed when you cannot speak or are no longer in a mental state to make decisions. By planning out your wishes in writing ahead of time, you provide healthcare professionals with important guidelines for medical care.

Three key documents make up the Advance Care Directive: the living will, the healthcare power of attorney, and the DNR/DNI order.

What is a Living Will?

The living will is the most common type of ACD. Not to be confused with a Last Will & Testament, which deals with decisions to be carried out after your death, the living will is written to explain the kinds of medical care you wish to receive and those you do not. It helps doctors and your family make important decisions regarding tests, medicines, surgeries, blood transfusions, CPR, and feeding tubes.

Paperwork for healthcare power of attorney and living will

What is the Healthcare Power of Attorney?

A living will does not technically allow you to designate a person to make decisions for you. For this, you will need to turn to a healthcare power of attorney. However, you can combine these two forms into one document. The person who represents your wishes is often referred to as a healthcare proxy, and their authority will be limited to decisions of a medical nature. Legal and financial choices do not fall under their jurisdiction. Choose someone you trust to follow your wishes and make decisions with your best interests in mind.

What are DNR and DNI Orders?

Though DNR (Do Not Resuscitate) and DNI (Do Not Intubate) orders may be included in the living will, they don’t have to be. A DNR prevents a medic from performing CPR, and a DNI prevents the use of breathing tubes.  You can also verbally communicate these orders to your physician, who will put them in their medical records.

Man sitting down with this doctor, talking together

7 Tips for Developing Your Advance Care Directives

According to the National Institute on Aging, more than one in four Americans will have medical decisions made when they are incapacitated. That means more than 25% of us will need loved ones to make medical decisions on our behalf. Without an ACD, this can be a very stressful time for physicians, friends, and family members.

To ensure you receive the care you want and make things easier for your family in a medical emergency, consider filling out your advance care directives.

Mature woman sitting down with female doctor, reviewing paperwork together

Here are some tips for getting started:

1. Consider your family’s medical history

By examining the medical issues that run in your family, you can construct a good genetic map for determining potential health problems. For example, suppose older family members have suffered strokes. In that case, you may spend some time researching strokes to determine the kinds of decisions that would need to be made if this ever happened to you.

2. Determine your values

What is most important to you? Would you like to be kept alive by any means necessary? If so, provide clear instructions for doing so. Or are there specific issues that would reduce your quality of life so completely that you would rather not have your life prolonged artificially? If feeding tubes and breathing machines are out of the question for you, make this known so that physicians and loved ones don’t have to worry about making the wrong decision.

Two people sitting across from each other at table, touching hands, focus on hands

3. Talk to your loved ones

Once you have started considering the medical decisions you would like to make, bounce your ideas off the people closest to you. Ask for feedback from family members to see what they think of your plan. Of course, at the end of the day, it’s your plan, and you don’t want to change your directives to conform to the will of others. But it can be useful to get the opinions of people you trust.

4. Research your state laws

As is the case with most medical issues, rules and regulations on advance care directives vary to a certain degree from state to state. Research your state’s laws ahead of time so that you ensure all of your wishes are interpreted or documented in a legally valid way. A lawyer can be helpful in this area, but it’s not required.

5. Seal the deal

Consult with your doctor and talk through your wishes together. Your doctor can help you identify any gaps in your medical preferences. Then, fill out the required forms according to your state’s laws.

Man and his elderly father looking at medical documents together

6. Keep it handy

Once you have completed your ACD, make sure that it is readily accessible. Provide copies for your doctor and your family members. Also, keep copies of your directives in a readily accessible location. It may be a good idea to put a copy in your wallet or the glove compartment of your car for quick and easy access.

7. Reviewing your ACD

If you change your mind about any issue, don’t worry. You can always update it to reflect more current wishes. If you do this, destroy all previous copies to avoid future confusion. Also, don’t forget to give copies of your new directives to family members.

Start Planning Today

While older adults most need ACDs, people of all ages can benefit from a little preparation. After all, tomorrow is never promised. A sudden onset of an illness or an accident could force your family and physician to make some tough decisions. Consider taking these precautionary steps. That way, you can rest assured that your family and healthcare team will know how to proceed.

DISCLAIMER: Individual circumstances and state laws vary, so any estate planning should only be undertaken with the help and assistance of an attorney licensed in your state.

Oct 26
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Older man in blue shirt sitting at a table at home with a laptop and notepad in front of him

8 Tips for Managing Your Digital Estate

By Estate Planning

While the internet and advances in technology have made so many aspects of life easier, they’ve made estate planning a little bit harder. Now, you not only need to focus on planning the funeral and dividing up your estate, but you must also decide what should happen to all the online accounts in your name. After all, the last thing your family needs is for a portion of your identity to float around in cyberspace. But not to worry – with these 8 tips, you can easily organize and manage your digital estate!

Older man in blue shirt sitting at a table at home with a laptop and notepad in front of him

1. Create an inventory of your digital material

Before doing anything else, make sure that you are aware of all of your online material (at least the most important sites). This may seem obvious, but it’s the first step. You can’t make a plan if you don’t know what to include. Consider social media accounts, email information, blogs, online shopping, pictures, and videos. There’s a lot of information out there, and it’s best to understand the entirety of your digital estate before you go any further.

2. Use an online resource or app as a tool to organize your assets

If you haven’t already, consider investing in a password manager app that allows you to store your passwords, usernames, pins, and any other login information in a secure place. There are also free options available, if you prefer. These apps function as a sort of vault for your digital assets. This is an easy way to compile everything so that it can be easily accessible to loved ones. However, be sure to do some thorough research on the company you choose to make sure they have a good reputation.

Man standing at computer typing in password; lock on screen denotes privacy and protected password

3. Keep your digital inventory up to date

After you organize your digital information, be sure to update your list or password manager every time you update your passwords or create a new account. Also, don’t include passwords in your will because the will ends up in the public records, which raises safety concerns. However, make sure that your emergency contacts have access to your computer and phone pass codes. Many people forget that their devices (and all the information stored on them) are often inaccessible to loved ones after they die without those very important codes.

4. Review company policies regarding accounts of the deceased

Many companies have a default plan regarding what happens to a customer’s account upon their death. For example, Facebook, Twitter, Instagram, and LinkedIn all have different policies for dealing with a deceased person’s personal information. It’s a good idea to familiarize yourself with each company’s policy, particularly social media accounts, so you can determine the best course of action. For more information, read How to Create a Memorial Page on Facebook and Instagram.

Woman sitting in chair at home, checking social media accounts

5. Provide instructions on your preferences

Once you have everything organized, appoint a representative who will act on your behalf and follow your instructions regarding your online information. Though username and password information should not go in the will, you can designate your representative in the will and provide general instructions. Be in contact with your representative to make sure that he or she knows where and how to obtain your personal information.

6. Make sure that loved ones know to act fast

Many companies have a legal right to the ownership of your account after you die. In most cases, the account is merely shut down and the material lost. However, if your family members need to access a particular account, they should act fast before the company deletes the account.

If it’s a social media account, your family can gain access to post a final tribute or retrieve photos and videos. If it’s an email, they may be able to transfer information before the account is terminated. However, most major institutions – like life insurance companies and banks – require a death certificate in order to update the account, so you can take your time with those types of businesses.

Woman in pink doing a search on her phone

7. Check your state’s laws

As with so many legal issues, digital estate planning may vary based on the laws of your state. Some states have specific laws for handling the online material of a deceased person. Other states have no such laws regarding these issues. To ensure that you’re doing things according to the book, look into the guidelines of your individual state.

8. Plan ahead

While it’s tempting to procrastinate, everything is much smoother for your family members when your estate is planned and organized. Imagine how stressful it would be to not even know which life insurance company to call when making a claim. With an ever-increasing portion of our lives dedicated to cyberspace, it’s important that you begin to think about the management of your online content. By developing a plan ahead of time and organizing your thoughts and wishes, you can make things easier on your loved ones in the future.

For more useful information about estate planning, check out:

Oct 10
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Woman in a yellow shirt looking at papers

How to Make an Estate Planning Checklist

By Estate Planning

Most of us know that estate planning is important, but many people don’t take care of their estate planning because they find it intimidating. There are so many estate planning documents to consider, so how do you know where to start?

A checklist is a great place to start! Starting with a checklist can help you track what you’ve already taken care of and what you still need to work on. You can make your estate planning checklist using the points below, or you can download our estate planning checklist here.

DISCLAIMER: Individual circumstances and state laws vary. Only undertake estate planning with the help and assistance of an attorney licensed in your state.

Gather What You Have

Woman in a yellow shirt looking at papers

For families who have recently lost a loved one, it can be difficult to track down all of the documents they need for death certificates, life insurance, veterans’ benefits applications, and closing an estate. You can help your family by gathering these documents and putting them in a safe, secure location. Important documents include:

  • Social Security card
  • Birth certificate
  • Certificates of marriage, divorce, citizenship, or adoption
  • Education records
  • Employment records
  • Military records
  • Property deeds
  • Car title and registration
  • Medicare/Medicaid information
  • Copy of most recent income tax return

Don’t forget to let your emergency contacts know where these documents are stored so they can find them if needed.

Finances

paper that says last will and testament

When most people think of estate planning, they usually think of writing a will. A legal will is one way to make your wishes about your assets known; the other option is usually a living trust. Without one of these two plans, the state will distribute your assets, so they may not go to the people you want. Whether you choose to distribute your assets through a will or a living trust is up to you. Talking to your financial advisor or an estate planning attorney can help you pick the right option for you and your family. Plus, an estate planning attorney can help you know what you should and shouldn’t put in your will.

End-of-Life Care Documents

Nurse holding a hospice patient's hand

End-of-life care documents determine what will happen to you and your assets if you become incapacitated or unable to make your own decisions. There are two types of end-of-life care documents: powers of attorney and advance care directives.

Powers of attorney (POAs) allow you to choose a person (called an agent) to make decisions on your behalf when you can’t. You can either have a general POA that selects one agent to look over all of your affairs or specific POAs, like healthcare or financial, that give your agent control over one aspect of your affairs.

Advance care directives are documents that let your family know what medical decisions you’re okay with and which you don’t want. These can be separate documents, like DNR or DNI orders, or combined into one document. When choosing what medical procedures you want, make sure your wishes are on file with your doctor.

Digital Assets

Older man looking at a laptop

One part of estate planning that’s easy to forget is your digital estate! Your digital assets are all your online accounts, rewards points, subscriptions, online bills, and digital photos and videos. Deciding what should be done with your digital assets is an important part of estate planning that shouldn’t be overlooked. Start by making a list of all of your digital assets (see our checklist for a long list of potential assets). After you’ve listed your assets, you’ll need to determine what should be done with each one after you’re gone.

Advance Funeral Planning

Older couple planning a funeral in advance

Prearranging your funeral is another essential part of your estate plan. Making decisions about a funeral after a loved one’s death can be stressful, especially if your family doesn’t know your wishes. When you preplan, you’ll remove their doubt and uncertainty by answering the many questions they might have. Plus, you’ll have the option to prepay, which can save your family from the stress of waiting for life insurance money to come through. Assets like life insurance and bank accounts can be tied up for weeks or even months, while the funds in a prepaid funeral plan are available right away. To start preplanning, you can call your local funeral home and schedule a time to speak with a funeral director about your wishes.

While creating your checklist, you can always add other things you want to take care of, like taking care of your small business or making plans for minors in your care. It’s also a good idea to consult with an estate planning attorney to learn about your state’s individual laws and your options. Once your estate planning checklist is finished, you’ll be ready to tackle estate planning and ensure everything is taken care of!

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