As I write this, with Hurricane Milton bearing down on the west coast of Florida, I can’t help but wonder and hope that those in its path are prepared for what could be a horrific event—and I don’t just mean with sandbags, water, backup generators, and the like.
I know that is what everyone thinks of at times like this: checklists for those who evacuate (what to take, what to leave) and those who stay to weather the storm. But when I think of being prepared, as an estate planning attorney, my mind goes straight to things like medical power of attorney, living will, financial power of attorney, and, realistically, a will.
Those in Milton’s path will have so much to do once it has done its worst and moved on: dealing with insurance companies, filing claims, and sadly, mourning those who were taken. But the reality is many of those who chose to stay will need emergency medical care. And that’s where legal instruments such as a healthcare power of attorney and a living will may be needed.
A healthcare power of attorney is a legal document executed in advance that provides medical care teams information they need regarding your care. It will give them the name (s) of the individuals with whom they can share your condition. HIPPA laws are becoming increasingly strict, and many hospitals refuse to provide any information to anyone unless they have that permission. The healthcare power of attorney also lets them know who can make treatment decisions on your behalf if you are unable to do so yourself – if you are in a coma, for example.
A living will is similar to the medical power of attorney in that it is used when there is an emergency medical situation. The purpose of a living will is to document your wish that life-sustaining treatment, including artificially or technologically supplied nutrition and hydration, be withheld or withdrawn if you are unable to make informed medical decisions and are in a terminal condition or in a permanently unconscious state.
Of course, you know what a will is. I don’t need to explain that. But as a reminder, if you die without having a will, your loved ones will be left with having to go through probate, not to mention having to sort out your financial affairs and more. To be totally frank, I am sure the last thing you would want for your family, having survived a horrific disaster like a hurricane and losing you during that event, would be to have to try to sort everything out.
Last, so we don’t end on a morbid note, is the financial power of attorney. This document allows an individual (or institution) you have chosen to manage your financial affairs. This could be beneficial if you are out of the country or even out of state during a disaster.
Sadly, I already know that if Milton wreaks even half the damage, they are forecasting some people will die as a direct or indirect result. Others will be hospitalized. Others will be considered “lucky” just because all they lost was their home. I want to hope for the best, but being prepared, whether with supplies or important legal documents, is never a waste of time or effort.
On that note, if this post has made you think that maybe it is time to update or create your estate plan with all these critical documents, please call me to schedule a meeting—no time like the present. My number is 513-399-7526. Or, go online to www.davidlefton.com and schedule our meeting there.