Giving the Gift of Certainty: Updating Your Advance Directives and Power of Attorney

The holiday season is a time for family, warmth, and reflecting on what truly matters. We focus on giving thoughtful gifts and ensuring our loved ones are cared for. While you’re preparing for festive gatherings, consider giving your family the most thoughtful gift of all: certainty and peace of mind through essential estate planning documents.

At Franklin & Frankel LLC in West Hartford, we know that comprehensive estate planning is about more than just managing assets after death; it’s about planning for every stage of your life. This includes preparing for potential and likely unexpected incapacity with two critical documents: Advance Directives and a Durable Power of Attorney.

Advance Directives: Making Your Healthcare Wishes Known

An unexpected illness or injury can leave you unable to communicate your wishes regarding medical care. Without proper planning, your family may face heart-wrenching decisions without knowing what you would have wanted, sometimes leading to painful family disagreements or costly court intervention.

In Connecticut, the general term for these documents is Advance Directives, which typically include two key parts:

• Living Will (or Health Care Instructions): This is your personal directive regarding end-of-life care. It states whether you wish to be kept alive using life support systems, such as mechanical ventilation or artificial nutrition and hydration, if you are in a terminal condition or permanently unconscious. It is your voice when you cannot speak.
• Appointment of Health Care Representative (often called a Health Care Proxy): This document appoints a trusted person to make all medical decisions for you if you are unable to do so yourself. This person is required to follow any instructions you provided in your Living Will and make other decisions consistent with your known wishes.

Why review now? Your medical wishes may change as you age or as new treatments become available. An outdated document might not reflect your current values. Ensuring your Health Care Representative knows and understands your wishes is the kindest thing you can do for them.

Durable Power of Attorney: Protecting Your Financial Life

While an Advance Directive handles your medical care, a Durable Power of Attorney (DPOA) covers your financial and legal affairs.

A DPOA is a legal document that grants a trusted person, known as your Agent or Attorney-in-Fact, the authority to manage your finances on your behalf. This is crucial if you become temporarily or permanently incapacitated and cannot access your bank accounts, pay bills, manage your real estate, or conduct other financial transactions.

A DPOA is “Durable” because it remains effective even after you become incapacitated, unlike a “General” Power of Attorney, which automatically terminates upon incapacity.

Your DPOA can be drafted as either:

• Immediate: Effective the moment you sign it. This is often preferred for convenience and immediate protection.
• Springing: Only becomes effective upon a specified future event, typically your incapacity (as certified by one or more physicians).

Without a DPOA: If you become incapacitated and do not have a DPOA, your family may be forced to petition the Connecticut Probate Court to appoint a conservator of the estate. This court-supervised process can be expensive, time-consuming, and emotionally taxing for your family, eliminating the privacy and control that the DPOA provides.

The Ultimate Holiday Gift: Action

Don’t let the new year catch you with outdated or non-existent incapacity planning documents. Taking the time this holiday season to address your Advance Directives and Durable Power of Attorney is an act of profound love and responsibility. It ensures your wishes are honored, your financial life is managed seamlessly, and your loved ones are spared unnecessary stress and court involvement.

Whether you need to create these documents for the first time or review existing ones due to life changes (marriage, divorce, a move, or changes in your health), the attorneys at Franklin & Frankel LLC are here to guide you through the process with care and expertise.

Contact us today to schedule a consultation and give your family the gift of certainty this holiday season.