Advance directives are your formal instructions in the case of your being unable to provide instructions (because of disability or illness). These are important for people of any age, so please tell your children to take care of this important business. As you should also.
First is the durable power of attorney. This document gives another the power to act on your behalf when you cannot. You can make it as broad or limited as you desire. While many people have an attorney prepare this document, many can find a sufficient pre-printed, State-approved form in a good stationary store to do the job. You select a person you trust the most (typically a family member) who can execute your affairs—pay bills, sell property and transact business on your behalf. Without such a document, your bank or securities firm or the title company will not accept any instructions from your family on your behalf. In fact, the family would need to go to court and receive a ruling to act on your behalf. This can be an expensive, slow and unnecessary process.
The other most common document is the health care power of attorney, which empowers another person to make medical decisions when you cannot. For example, someone may need to decide which procedure would be best in discussion with your doctor or whether a certain operation should be performed. Do not confuse this with a living will, which is a document normally used to communicate your specific instructions regarding life-sustaining measures.
As you can see, having these documents prepared and others delegated to assist you is critical. These must be prepared in advance and any responsible adult of any age will have these in force.
If you would like referrals to local attorneys knowledgeable in these matters that can assist you, please call our office.