A few months ago, we were no more worried about a health epidemic than we were living out a scene from war of the worlds. Even when The Corona Virus was first announced I doubt anyone believed it would come to this. In a matter of a few weeks we went from living our normal lives to shutting the world down. It’s amazing how life altering events can just creep up out of nowhere. Media outlets have shared what to do to protect ourselves from the spread of this virus, advising that we all practice social distancing and we, for the most part, have responded and complied. We were all warned to stock up on supplies, medicines and remain indoors because the virus spreads so quickly. But we haven’t discussed the legal implications and legal preparations that would benefit families during this time.
Do YOU KNOW WHAT YOU SHOULD DO FROM A LEGAL PERSPECTIVE?
Will: A legal document that sets forth your wishes regarding the distributions of your property and the care of any minor children. If you die without a will, those wishes may not be followed. Further, your heirs may be forced to spend additional time, money, and emotional energy to settle your affairs after you’re gone.
Letter of Instruction: This letter of instruction can include anything you find to be important and relevant. What you choose to include is entirely up to you. You can include your wishes for family pets, prized collections, and even your digital assets. This letter isn’t legally binding but rather guidance for your executor.
At the Law Office of Cynthea M. Motschmann we not only include a letter of instruction but “our Family Back-up plan” in order to provide instructions for your assets, values
Power of Attorney: If you fall ill, are quarantined at home or the hospital or your mental capacity has been affected by your illness a power of attorney will give someone the authority to assist you. A durable power of attorney would allow a trusted friend, family member or someone else you trust to access your bank and pay your bills. Essentially, this person can ensure your financial obligations are maintained to prevent financial devastation as a result of your situation.
Health Care Proxy: This allows you to designate a loved one or trusted friend to make medical decisions on your behalf if you are rendered incapable to do so.
Advanced Directive: This document explains how you want medical decisions about you made and under what circumstances they should be made. This document allows your health care providers and loved ones you in the event that you are unable to make these decisions yourself. For example, under what circumstances would you not be resuscitated or whether or not you would want extraordinary measures to be taken in order to save your life.
Guardianship for your minor children: If you and your spouse were to fall ill who would care for your children and will they be able to make medical, educational and legal decisions on their behalf? There are two types of guardianships: long term and short term. For example, if you are incapacitated in some way where would your children go immediately after your incapacitation until you are well enough to care for them? That individual would be the short-term guardian. Long-term guardians are designated individuals who would care for your children upon your death or permanent incapacitation.
Planning for college aged children: Planning for your children that are in college is important as well. They are adults and as their parent you no longer have the ability to access medical, educational and financial information. This is why it is so important that College aged children execute legal documents to ensure they are cared for in the event that something tragic happens. If your college age child should fall ill, you would want to be able to assist with financial and medical decisions. Health care Proxy and Power of Attorney is necessary to ensure you are able to provide the assistance your child would most likely require.
Our Family Back-Up Plan: The Law Office of Cynthea M. Motschmann offers what we call “Our family back-up plan”. We call it a “back-up plan” because your first plan is to be well enough to care for your children. Your back-up plan is for those just in case purposes, the unthinkable. We include an educational, medical, and personality profile for all your children. Permission to treat and make educational decisions, important contact information, instructions to caregivers and any other information relevant to ensure your children are properly cared for.
THERE ARE THINGS YOU CAN DO RIGHT NOW!
While this virus has caused a huge economic strain on all of us, I’m sure you are thinking you couldn’t possibly afford to acquire the legal documents you need. However, there are some things you can do right now, for yourself… and your family in the event that any one of you fall ill and need assistance.
Get Organized: get your family’s’ important documents organized. Do you know where your current estate planning documents are? How about your birth certificate? Start collecting these documents and secure them in a safe place. Some documents you may want to collect are:
- will
- trusts
- insurance policies
- real estate deeds
- certificates for stocks, bonds, annuities
- information on bank accounts, mutual funds, and safe deposit boxes
- information on retirement plans, 401(k) accounts, or IRAs
- information on debts: credit cards, mortgages and loans, utilities, and unpaid taxes
- information on funeral prepayment plans, and any final arrangements instructions you have made.
- Important medical information for your family like a list of medications and illnesses or conditions.
- Important contact information
Planning for your minor children: While you wouldn’t be able to designate a long-term guardian without speaking to an estate planning attorney you certainly can elect a standby guardian for temporary situations. Who would care for your children if you were to fall ill and unable to do so? What would they need to best care for your children? You can go to Connecticut’s probate court website http://www.ctprobate.gov/Forms/StandbyGuardianship.pdf and review the information and instructions to designate a standby guardian for your minor children.
- Discuss with your spouse or partner your options for standby guardians and decide who that person would be.
- Take a look at our guide on how to select a guardian for your minor children to help you make your decision.
- You will need a witness to sign this document and it cannot be the individual you selected as the standby guardian.
- Prepare educational and medical releases for that guardian and provide that to their pediatrician and school. (remember this is not a final document, you can always revoke the releases if you change your mind)
Guide to Selecting Long-Term Guardians
Planning for you, your partner, spouse and other loved ones: while you may not be able to execute an entire estate plan on your own, nor would I suggest using an online DIY solution, you can prepare releases so that loved ones that you select can have access to your medical information.
- Prepare medical releases that allows an identified and trusted individual to gain access to your medical records and information. (medical releases do not need to be witnessed)
- Prepare educational releases for your college aged children.
- Create a medical profile for yourself; include important medical care providers, medications, conditions and illnesses that may be relevant for your treatment.
- Prepare of list of login information and passwords for important accounts. Many have gone paperless and the only way to access important information is by logging in online. Will your family members know where, how and what to access? Start making a list.
- List of Instructions
I’m sure all of this seems overwhelming but the peace of mind you would gain from an estate plan is well worth the effort. I understand that this is a frightening time and understand the hesitancy to meet with someone in person. I feel strongly about the benefits of an estate plan, that is why I am offering a one-hour free consult to go over your estate planning needs and what you can do to prepare on your own.
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