Estate Planning Update – Advance Directives

Owing to advances in medical technology, people’s lives can be sustained even when they are terminally ill and have no hope of leading an active, independent life. An advance directive is a document in which you give instructions about your health care and what you want done and not done if you can’t speak for yourself. Advance directives are not complicated, typically consisting of short, simple statements expressing your values and choices. “Advance directive” is a term that includes health care directives, living wills, health care (medical) powers of attorney, and other personalized directives. 

  • Health care directive. A health care directive is a type of advance directive that tells you doctor and your family members what kind of care you would like to have if you become unable to make medical decisions. Unlike most living wills (described next), a health care directive is not limited to cases of terminal illness. If you cannot make or communicate decisions because of illness, a health care directive helps you keep control over health care decisions that are important to you.
  • Living will. A living will is a form of advance directive that usually only comes into effect if you are terminally ill, which generally means you have less than six months to live. It is important to note that not all states recognize a living will as a legal document.
  • Health care (medical) power of attorney. A health care (medical) power of attorney, also known as a health care proxy, lets you name someone (an “agent”) to make medical decisions for you if you are unconscious or unable to make medical decisions for yourself for any reason. It may be incorporated within a health care directive or living will or it may be a separate document. Appointing an agent is particularly important. At the time a decision needs to be made, your agent can participate in discussions and weigh the pros and cons of treatment decisions based on your wishes. Your agent can decide for you whenever you cannot decide for yourself, even if your decision-making is only temporarily affected.

An advance directive, including a health care (medical) power of attorney, has no legal effect unless and until you lack the capacity to make health care decisions or to give consent for care. By expressing your wishes in advance, you help family or friends who might otherwise struggle to decide on their own what you would want done, a point that was amply illustrated by some well-publicized cases where end-of-life decisions could not be made, to the detriment of the patient. Finally, advance directives aren’t just something for old folks. The stakes are actually higher for younger people in that, if tragedy strikes, they might be kept alive for decades in a condition they would not want.

Everyone should consider preparing an advance directive; it can provide comfort to family members at a difficult time. Also (forgive me, but this is a financial commentary), an advance directive can save a lot of money. The cost of keeping someone alive by artificial means can drain a family’s estate particularly if this is not the loved one’s wish.

Finally, each state has adopted its own nomenclature for these important directives, so it behooves you to work with an attorney who is familiar with the regulations in your state.

Smart Money Tips

  • Projecting your expected retirement income should be an annual exercise. Your projection helps you measure your progress as well as show what you need to do in the future to close any gap between what you now have available for retirement and what you’ll need. Part of your annual review should be to prepare a separate projection under a “worse case” scenario, in other words, a situation where you may have to retire earlier than you had anticipated or where you earn a lower income in the future than you had planned. Statistics show that about 40% of the workforce retires involuntarily, usually because of unemployment, underemployment, or health problems of the worker or a family member. Such events will certainly affect one’s retirement security, perhaps profoundly. But forewarned is forearmed, so it’s important to look at how your financial outlook will change if, say, you must retire five years earlier than planned or if your income declined by a substantial amount for several years before you would like to retire.
  • A big mortgage is not a big financial advantage. Recently, I have heard a couple of financial commentators urge people to carry as big a mortgage as possible. But the tax breaks for a large mortgage aren’t that compelling, and we all should endeavor to reduce debt rather than maintain it or worse, add to it, particularly as retirement approaches. Always be skeptical of those who urge you to do things that don’t immediately sound sensible. Carrying a lot of debt never made sense in the past and makes even less sense now. 
Food for Thought

It is characteristic of genius to be hopeful and aspiring.
      -Harriet Martineau

Money Can Be Funny

The trend is your friend…until it ends.

Word of the Week

flagitation (fla-ji-TEY-shuhn) – The action of asking or demanding with earnestness or passion.

Origin: From the Latin flagitare meaning “to demand earnestly.” The root word is flag meaning “to burn or blaze,” hence the sense of blazing with passion. The word flagrant is from the same root.

To change the senators’ minds would require intense flagitation and persuasion.