Planning for Peace of Mind

By David S. DeRose, Esq.

When we plan activities in our lives, it is only natural that we focus on events that are pleasant and enjoyable, such as birthdays, weddings, holiday dinners and parties.   It is much harder to focus our attention and plan for potentially unpleasant events - death or incapacity. 

Though it is not the most pleasant task, preparing a Last Will and Testament  is one of the most important things you can do for your family.   A will provides needed direction to your family at your death; without a will, the Commonwealth of Pennsylvania establishes how your estate is managed and distributed.

What do you accomplish by writing a will?

• you dictate who will receive your estate and in what shares or percentages
• you may mandate whether or not churches or other charitable organizations will benefit
• you appoint the individual (legally called an executor) who will administer your estate
• if you have minor children, you select who will serve as their guardian and who will be the trustee of their finances
• you can set up a trust and determine how your funds will be used for your children and how long the trust will remain in effect  (without a  will, your children may receive all your assets on their 18th birthday, which may not be what you wish to happen)

It is important to understand that a will only takes effect after death.   A will is not filed in the courthouse or any other place until that time. 

A will is only one of the tools you may need to plan for the future.  How do you protect your family if you are severely injured in an accident, contract a debilitating disease, or become infirm because of age?

One answer may be a Durable Power of Attorney.

This document allows you to select a person or financial institution (known as an "agent") to take charge of your financial affairs when you are disabled.  Your agent has a range of powers that may include the ability to sell real estate or investments, enter safe deposit boxes, file tax returns, modify insurance benefits and communicate with financial advisors and attorneys.  Without such a power of attorney, a relative or friend may have to petition the court to become your legal guardian.  This person may not necessarily be the one you would have chosen to handle your affairs.  Petitioning the Court for a guardianship is neither quick nor inexpensive, and involves a court hearing where testimony is taken from your physician to determine your capacity to act for yourself.  If the court determines you are not capable, the court will then name a guardian to administer your affairs.

Another necessary part of the planning process may be a Medical Power of Attorney .

A medical power of attorney appoints a trusted family member or friend (known as an "agent") to make medical decisions if you are unable to do so.   Your agent will be able to consult with your physicians, decide with them on a course of treatment, select a hospital or surgeons you might need, decide on the appropriateness of nursing care and make other similar decisions. The document also authorizes your agent to gain access to your medical records and history (even though there are privacy laws that normally protect those items from being viewed by anyone other than the patient). 

To complete your planning, a Living Will  is suggested.

While a medical power of attorney appoints someone to make medical decisions for you, a living will guides them and your physicians in ruling in or out certain treatments or procedures if—and only if—you are in a state of permanent unconsciousness or you are in a terminal condition.  You have the ability to suggest to the medical providers that such things as feeding tubes, mechanical respiration, cardiac resuscitation, kidney dialysis and other forms of treatment are not acceptable to you if used simply to prolong the process of dying.  You can also indicate to the health care providers that you do wish to be made comfortable through the administration of pain medications and other means.

There is no substitute for good planning.  You have the ability to create documents that provide needed direction to your family members, who will appreciate knowing that they are carrying out your wishes during a difficult time.

As always, the estate department at Quatrini Rafferty Galloway is available to answer any questions you may have about these issues.  Contact an experienced Greensburg Estate Planning Attorney via email or phone us at (724) 837-0080 in Greensburg or toll free at (888) 288-9748.

For more information please visit our Wills, Estate Planning, Estate Administration and Probate Information Page.

Related Estate Planning & Estate Administration Articles:

Do I Need a Living Trust?

Pennsylvania Inheritance Tax

Making Medical Choices - Lessons from the Schiavo Case

Should I Transfer my Family Home to my Child?