LA Probate Law: Security for the Future
The only normal families are the ones on TV and for the most part they all have issues as well. As unfair and harsh as that may sound, the truth is that most of us and our families have had our fair share of dramas and issues. From sibling rivalry to parental conflict we have all been there at some point in our lives. As we get older we become more set in our ways and some of our “quirks” become more pronounced and most likely become more annoying to our siblings than they even were as children and the world wasn’t right if we weren’t irritating each other. According to Audrey Miller, the founder and managing director of Elder Caring Inc. in Toronto, Canada, in working with families, the most complex of conflicts are those between siblings as they relate to care issues for one or both parents. More often than not money is the core issue behind these conflicts. These conflicts are magnified when the siblings are beginning to feel the stress of watching their parents age and slowly lose the ability to function and carry out daily life on their own. Add to this a situation where the parents never got involved with LA Probate Law and had a Will drawn up so that their wishes were well known. Here you have even more stress being added on the children to try and do what is right and what they believe their parents would want. Chances are the opinions amongst the siblings will vary if not entirely a good bit. Thus the conflict begins and only grows bigger and more damaging between the siblings as it continues. Things become more and more pronounced as their parents become less and less able to voice their opinions. Is this a scenario you someday want to find your children in? Or that you want put them into?
No matter the perspective, now is as good a time as ever to begin discussing these things and looking into setting up a Living Will and if need be a Power of Attorney. This can help put an end to any question as to what your wishes are and how you would like things to be handled on your behalf when the time comes. These things can be set up for both personal care and property. Hiring an attorney and starting this process will help you to ensure that you do not put your children in the position of suffering even more than they already will be, when the time comes for them to watch you grow old or when they actually are facing having lost you. These times are difficult enough without adding to it. Finding a lawyer that can explain to you the ins and outs of LA Probate Law and help to set up your Will is one of the biggest and most important decisions you will make in your life. In setting up a Living Will you are establishing your written instructions of what level of medical treatment you want to receive in the event that you cannot express these opinions verbally on your own. For instance if there were to be an accident and you could not be asked how to proceed, you can have it clearly stated in your Will whether or not you want the medical staff to go through measures to keep you alive or if you would rather not be resuscitated. A Living Will allows people simply to make their own decisions ahead of time on an “in case of emergency” basis. This is the best way to ensure your voice is heard even when you cannot speak the words. It takes a great deal of pressure off your loved ones by not forcing them to try and guess what you would have wanted and question their decisions as being right or wrong for you.
When setting up your Living Will you should consult an attorney that knows LA Probate Law and can guide you through the process making sure everything is handled properly and legally. You could do it yourself as long as you follow necessary steps to ensure the legality of your documents within your state of residence. However this is not recommended as with any other law things can get complex and things can easily be done wrong. If this happens you risk your Will not being held up in a court of law. A judge could deem it invalid. When the Will has been drafted you should be sure that the key and important people have a copy of it, such as your children, doctors and lawyers. Also be sure that you take the time and make the effort in reviewing and updating it from time to time. Along with your Will you should assign a Power of Attorney. This is a legal document that allows one person to act on behalf of and make decisions for a person that is mentally incapable of making decisions for themselves be it do to injury, illness or just age. The Power of Attorney would begin making decisions based on two areas of the incapacitated person’s life. Property and Personal Care. These decisions would be made in accordance to your desired wished laid out previously in your Living Will. They will make decisions for you about your finances, income, property, investments etc. They would also make decisions about where a person lives, what they eat, safety, clothing personal hygiene and health care and treatment. You need to be careful in selecting this person to whom you are going to place your trust in and make sure they are someone you can trust to make decisions that are in your best interest and the best interest of your loved ones.
LA Probate Law: Security for the Future
Latest posts by Scott Schomer, Estate Planning Attorney (see all)
- What are the Advantages and Disadvantages of a Living Trust? - January 15, 2019
- Why Avoid Probate? - January 10, 2019
- When Do I Need a Tax ID Number for a Trust? - January 9, 2019