The concept of sitting down and getting all of the legal bits and pieces organized ahead of your inevitable death is no doubt one of the most overwhelming efforts we can think about as humans. Us trained doulas who tout how important it is to do this work are often in the very same shoes as you. So we met with an amazing elder law attorney (shout out to Tricia Forte, Associate Attorney at Hackman & Phillips Elder Law RI in Warwick!) and got ourselves organized and wanted to share this information with you.
Directs the probate court to honor your last wishes. Allows you to: nominate an Executor to manage your probate estate; name beneficiaries for probate assets; make specific bequests of personal property to specific individuals.
Make an appointment to meet with an attorney to complete documentation. Preferable an attorney that is a member of the National Academy of Elder Law Attorneys organization.
Allows you to appoint an Agent or Agents to act on your behalf for financial matters in the event you are incapacitated or unable to act. Enables agent with power to conduct banking transactions (mortgage payments, etc.) on your behalf. Helps avoid guardianship/conservatorship during your lifetime. Allows agent power to manage and protect assets especially in long-term care situation. NOTE: terminates upon your death.
Make an appointment to meet with an attorney to complete documentation. Preferable an attorney that is a member of the National Academy of Elder Law Attorneys organization.
Allows you to appoint a Healthcare Agent to make medical decisions on your behalf in the event that you are incapacitated or unable to make decisions for yourself. NOTE: agent should know what your wishes are and what decisions you would make.
Make an appointment to meet with an attorney to complete documentation. Preferable an attorney that is a member of the National Academy of Elder Law Attorneys organization.
If your Health Care Power of Attorney has a clear understanding of your wishes, this document is not required. It is helpful if you’d like to leave your Health Care Power of Attorney with some additional direction to reference. It is also helpful for you, the patience, to use to attain a better understanding of the scenarios that can happen after you become incapacitated.
Fill out form and review with health care provider (Physician, RNP, APRN, or PA) to obtain signature.
State specific, each state has their own form. Provides written guidance to your medical team regarding end of life wishes such as artificial feeding, ventilation or other forms of life support if there is no reasonable expectation of recovery.
Make an appointment to meet with an attorney to complete documentation. Preferable an attorney that is a member of the National Academy of Elder Law Attorneys organization.
Health Care providers will require this documentation to be completed if you would like to designate any additional caregivers with the ability to speak on your behalf.
Fill out form and make an appointment to meet with an attorney to complete documentation.
“The power to name a designated agent for body disposition is honored in all states. If you are estranged from your next-of-kin or were never married to your significant other, the designated agent law allows you to name someone other than a legal spouse or next of kin. Assigning an “agent”, “representative”, or “appointed person” can be useful when one individual is more inclined to follow your wishes than another, or to prevent conflict between family members of equal kinship. Another reason for designating an agent is when circumstances change and it becomes appropriate to change funeral plans, too. One woman’s father lived so long that none of his friends were left to come to a viewing. A public viewing for one person–just for her–didn’t make sense. Or perhaps you planned on body donation to a medical school in Idaho but died while on a trip to New York. Should your estate pay for shipping your body back to Idaho, or would you trust a person you assigned to make appropriate alternative arrangements? IMPORTANT — Your designated agent is not obligated in any state to carry out your wishes if they’re highly impractical, illegal, or financially burdensome. It’s very important for you and your agent to understand how much your wishes will cost, and to plan accordingly. You should not expect your designated agent to pay for a costly funeral if you don’t set money aside for that expense. Last Word of Advice — Many States allow you to place your funeral designations in your will. However a will usually isn’t read until after services are well under way or completed. So consider drawing up a short, dated document … as allowed by such and such code or statute. Date the document, have it witnessed or notarized, and make sure your survivors receive a copy.”
