Back again with more thoughts on Estate Planning
after completing your divorce.
Have you thought about your long-term health and end of life
decisions? Most of us never do.
If you had a longer term marriage, while watching
the movie of the week, about that person in the car accident and coma, you
might have shared with your ex, your views on what you would want if that
happened to you. Problem is, your
ex is no longer in charge, or likely should not be in charge, but may be on
your old papers. Who helps with
those end of life decisions? Very
likely you haven’t had that discussion with your children or other family
members, and the Bar-B-Que discussion with “the gang”,
doesn’t really count. No time like
the present, so you might as well do that at the same time as preparing your Advanced
Healthcare Directive. Remember,
while this is about you, this isn’t for you. It is to make sure your children,
family or others, know your wishes, but more so, to be sure that they are not
left to decide what you want, when you never told them. Most hospitals will have an approved
form that they will use when you are already in the hospital. But if you are unable to communicate,
or are otherwise incapacitated, it is already too late.
What does an Advanced Healthcare Directive do? A good Advanced Healthcare Directive
clearly states exactly what you want, as far as your care, medical treatment,
extreme efforts for treatment or sustaining life. It generally does not become effective until you are
hospitalized and until you are deemed to no longer have capacity to make
decisions or communicate those decisions.
It generally designates who will make the decision as to whether you
have capacity, such as your trusted physicians or special family members. It will generally cease to have impact
when your health has been restored, but in the event of your passing, it will
also have your express desires for the disposition of your remains, perhaps
relative to your religious belief, or other final affairs.
While this is typically a difficult issue to
consider, let alone discuss, I can assure you that the peace of mind that you
and your family will have, after these thoughts have been shared and are
memorialized in a properly created Advanced Healthcare Directive, is
immeasurable. A good attorney can
at least help you begin this process, while you prepare this part of your
overall Estate Plan.
In the days that follow, I will give you more
reasons to create, review and revise your Estate Plan. However, if you are
interested in learning more about an Estate Plan, Wills, Trusts, Advanced
Healthcare Directives, or Divorce, Custody, Visitation, Child Support, Spousal
Support, Property Division, Modifications, Remarriage, or Pre-Nuptial
Agreements, and you live in Santa Clara County or thereabout, please contact me at fbegun@gmail.com or at my other websites www.fcbegun.com/, or at www.linkedin.com for Fred Begun
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