Certain topics in life are easy to put in the back of our minds. We don’t like to think about death or circumstances that cause us to require medical attention. Without taking the time to contemplate the “what ifs” we fail to take the proper steps to protect ourselves and our loved ones.
Last Will and Testament
What if you die without preparing a will in North Carolina? Many people believe they do not need a will because all their possessions will simply go to their spouse. That is not true. If you die without a will, your real and personal property will pass according to the North Carolina Intestate Succession Act. This means the state of North Carolina will determine how your property will be distributed upon your death. Creating a valid allows you to decide who gets your belongings and property. Once the decisions are made and your will is complete, you can have peace of mind knowing your loved ones will be protected according to your wishes.
Health Care Power of Attorney
As COVID-19 has become a reality in our daily lives, our health and the health of our loved ones are of great concern. It’s important to consider the possibility of contracting the virus. What if you get sick and require hospitalization? What if you get injured? What happens if you become incapacitated or incompetent and can no longer communicate your health care wishes for whatever reason? If you are hospitalized and unable to make your own decisions, medical staff will make them for you. A Health Care Power of Attorney is a legal document that designates another person to become your agent and act on your behalf when you are unable to do so. The Health Care Power of Attorney becomes effective once a physician determines that you are incapacitated or incompetent. Your appointed agent is authorized to carry out your health care directives as indicated in the Health Care Power of Attorney. Conversely, you could authorize your agent to have the ability to make all health care decisions for you as each medical situation arises.
Living Will
A living will is a legal document that indicates your wishes as they pertain to life-prolonging medical procedures if: (1) you have an incurable or irreversible condition that will result in your death within a relatively short period of time; (2) you become unconscious and your health care providers determine that, to a high degree of medical certainty, you will never regain consciousness; or (3) you suffer from advanced dementia or any other condition which results in substantial loss of your cognitive ability, and your health care providers determine that, to a high degree of medical certainty, the loss is not reversible. The living will informs health care providers of your decisions regarding such things as whether to receive or deny artificial hydration, artificial nutrition, and respiratory care as life-prolonging measures. These decisions are often difficult to think about, but making a living will can be a gift to your loved ones. You have the ability to make your decisions known about life prolonging measures, which ultimately removes the burden of those decisions from the ones you love.
Durable Power of Attorney
What happens to your financial affairs when you are injured or sick and are deemed incapacitated or incompetent by a physician? How can things get taken care of when you are unable to do so? A Durable Power of Attorney is a legal document that allows you to designate an agent to act on your behalf in areas such as paying your bills, managing your bank account and safe deposit box, taking care of insurance matters, social security and unemployment benefits, protecting your investments, and managing real property transactions, to name only a few. As you can tell by the areas the agent may control, it is important to select an agent that will act in your best interest and one you can count on and trust. Drafting a Durable Power of Attorney brings about peace of mind knowing that in the worse case scenario, your affairs will be handled.
HIPAA Authorizations
In today’s age of protecting information and privacy of health care it is important to think about the best ways you can take care of your loved ones. Whether caring for aging parents or young adult children, it is helpful to have HIPAA Authorization. The HIPAA Authorization is a legal document that provides signed authorization for medical care provides to allow disclosure of protected medical information to designated individuals. We don’t think about the need for this form until we are faced with having to make decisions for our loved ones. Without this form, you are not allowed access to another person’s medical information. This is particularly important when you consider our children once they turn eighteen years of age. As parents, we still want to help our children, but once they become the age of majority, we are no longer able to access their medical information. The HIPAA authorization is another way to ensure we are able to care for our loved ones should the need arise.
If you would like to talk about how you can start taking steps to protect yourself and your loved ones, please contact our office today.
