Page 32 - Amarillo Senior Link Magazine Winter 2020- Online Magazine
P. 32

SENIOR RESOURCES






                                                    Two ToolS  You neeD for



                                                   Effective Estate Planning



                                                                   by Lee Franks
            f asked to define estate planning,   Two basic documents that can assist   the agent to act in the best interests of
            most people might suggest that   caregivers are the medical power of   the principal and restrains the agent’s
         Ithe phrase has to do with who gets   attorney and a financial power of   ability to profit from the relationship.
         your stuff when you die. Although   attorney.
         correct, estate planning also involves                                  Effective medical and financial powers
         planning for life – particularly for life   In granting a medical power of   of attorney can greatly simplify caring
         beyond normal, functional capacity.   attorney, a person authorizes an agent   for an aged or ailing loved one. Estate
                                             to make their health care decisions.   planning involves more than divvying
         A fifty-nine-year-old business office   Typically, the document names one or   up what remains of someone’s
         manager, mother, and grandmother    more alternates and states where the   belongings. Good estate planning
         struggles to give her employer a full   original is kept and where copies may   contemplates life as well as death, and
         forty hours each week, to attend one   be found. While you can require two   it includes smoothing out procedures
         school event for each grandchild    or more agents to act jointly, it is not   for the very people who made that life
         monthly, to provide her husband     advisable to do so.                 worth living – those who provide care
         with the companionship he deserves,                                     and comfort during one’s final years.
         and to care for her father who is   After executing a medical power of
         battling dementia. She has tried to   attorney, copies of the document
         make some long-term decisions for   should be
         him and to get his affairs in order. His   furnished to
         financial judgment failed a long time   the agents and
         before anyone realized something    institutions who
         was wrong, but the bank tells her she   will likely need
         has no authority to act for him. Just   it. Give copies to
         as worrying, the customer service   your health care
         representative at his health insurance   providers and
         company is only authorized to speak   contact your local
         with her father, who is unable to   hospital or clinic
         handle that call in the professional   about getting the
         way he once would have.             document on file.

         These are common conflicts in which   In granting a
         the caregiver finds him or herself.   financial power
         Commonly, the eldest or the nearest   of attorney, an
         adult child ends up in the caregiving   individual gives
         role by default. In other words, no one   another person
         planned for things to happen as they   the authority to
         did; the situation just evolved.    conduct business
                                             on their behalf.
         When the caregiver lacks effective   The document
         legal tools to do the job, caring for   may limit
         an aging or ailing loved one can    the authority
         overwhelm financial and emotional   to specified
         resources. Those who accept the call   transactions, or
         to provide care may wonder why they   the document
         did so and also how to prevent their   may grant very
         own children from being placed in a   broad powers.
         similar position one day.           The law requires



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