There was a time when you could be provided with a certain diagnosis by your doctor that was equivalent to a death sentence, but these days medical science is capable of some amazing things. Certain failed organs can be transplanted, and thousands of lives are saved every year through successful transplant surgeries.

One of the primary challenges lies in the fact that there are always more people in need of transplants than there are available donors. With this in mind, when you are contemplating your legacy you may want to consider the possibility of becoming an organ donor. You could potentially save a life or even multiple lives and perhaps further the cause of medical science in some way.

As you are crafting a comprehensive estate plan you should include advance health care directives such as a living will. With these documents you state your preferences regarding medical procedures that you would accept and those that you would prefer to deny should you be unable to communicate at some point in time.

When you are working with a Northern Kentucky estate planning lawyer, make sure to include in your living will your choice to become an organ donor if you wish.

To learn more about organ donation and even sign up to the organ donor registry, you can simply click here: Donate Life Kentucky.

The Potter Law Firm is a member of the American Academy of Estate Planning Attorneys.

Contrary to popular belief, estate planning is not something that is confined to senior citizens. As unfortunate as it may be, people of all ages pass away every single day leaving loved ones behind.

Estate planning can be accurately described as a core responsibility of adulthood. This is one reason why many employers immediately offer new employees life insurance policies (a part of estate planning), with the employer usually providing a base level of coverage at no cost to the employee.

Life insurance is a very valuable vehicle of income replacement. If you’re single it is less important than if you are married, but even if you are unmarried, your family will be able to cover your final expenses with your life insurance proceeds rather than having to shoulder the cost, which can be considerable.

But if you are married, life insurance becomes absolutely essential because it is very likely that your spouse and your children rely on your income to maintain their standard of living. Losing a loved one is a devastating experience; but if it is coupled with financial hardship, it can be overwhelming.

Incapacity planning is something everyone should engage in as well. If you think back to the case of Terri Schiavo, you can see why people of all ages should have a living will and a durable medical power of attorney in place to avoid misunderstandings among family members should an individual fall into an incapacitated state unexpectedly.

Another reason why it is a good idea to sit down with an estate planning attorney to devise a plan at a young age is because retirement planning and estate planning are inextricably intertwined. If you have the foresight to map out a strategy early in your life, it becomes easier for you to enjoy your retirement while crafting a robust legacy for the benefit of future generations.

The Potter Law Firm is a member of the American Academy of Estate Planning Attorneys.

Everyone age 18 or older needs a health care power of attorney.  While you are able, you’ll continue to make all your own health care decisions.  But, if there comes a time that you are unable to make your own health care decisions, then a trusted loved one will make those decisions for you.  If you want to control who makes those decisions, you need a power of attorney for health care.

Who should I name as my health care power of attorney agent?

You should appoint someone who loves you, is confident, and can communicate with medical personnel.  When you are in the hospital, you need an advocate who will ensure that you get the medical care you need and deserve.  Your agent should be someone who will ask your doctor for alternatives and not be afraid to seek a second or, even, third opinion.

When is my health care power of attorney effective?

Your health care power of attorney is effective when your doctor determines that you are not cable of making medical decisions.  You may be unconscious, highly medicated, or otherwise unable to comprehend the medical issues at hand and communicate about them.

Do I need a living will if I have a health care power of attorney?

Yes, if you don’t want medical heroics such as life support if you are in an irreversible coma, persistent vegetative state, or otherwise terminal and at the very end of life, you need a living will.  This removes a great burden from the shoulders of your health care agent.  No one wants to “pull the plug” on a loved one.

If you have a living will or if you’ve made other medical decisions in advance (and in writing), those decisions are made.  Your health care power of attorney agent cannot override them.

The Potter Law Firm is a member of the American Academy of Estate Planning Attorneys.

When your children turn 18 it is an exciting time for both them and you. This is when their lives as adults start; maybe they will be going off to college, starting a new job, or moving across country. Although a lot of parents feel a certain amount of sadness when children leave the nest, it is exciting to see the children you raised spread their wings and fly.

During this exciting time for your family, there are still some important issues to consider that you may not have thought of. Because your child is now of legal age, he or she will need a Power of Attorney and a Health Care agent.

There are several reasons why your children might need Durable Powers of Attorney. Unlike before your children turned 18, if they should run into any financial problems with their bank or credit card companies, you will not have access to their accounts to help fix the problem. The financial institutions they are dealing with cannot even discuss the account with you, unless you have been named under a Power of Attorney.

Suppose your child is abroad and has some trouble accessing money from his or her bank account. If you do not have Power of Attorney there is nothing you can do, but with this document in place, you can talk with the financial institution and get the situation worked out.

A Health Care Power of Attorney is just as important; this should be prepared and signed as soon after your child’s 18^th birthday as possible. This way you and your child can have some peace of mind knowing that if an unlikely accident or sickness does occur, you will be authorized to make health care decisions your child if he or she is unable to do so.

Keep in mind that although you may view your children as your babies, in reality once they turn 18 they are a legal adults with the rights to privacy that all citizens have. Without these documents in place, you may not be able to help if your son or daughter does run into problems.

Make an appointment with an estate-planning attorney so that your child can discuss the options that are available to him or her.

The Potter Law Firm is a member of the American Academy of Estate Planning Attorneys.

You’ve probably been told at some point in your life that you need a will and a living will.  While these legal documents are an important part of planning, it is important to understand what each document offers.

Take a look at the following guide to learn the importance of both a will and a living will.  If you don’t have either in place, consult with a qualified estate planning attorney.

What does a will do?

A will is a legal document that you create during your lifetime.  This document is not effective until AFTER your death.  In your will, you are able to accomplish a number of things.

You are first able to decide how your assets will be distributed after your death.  You are also able to appoint an executor who will be responsible for winding down your financial life.  Lastly, you are able to appoint a guardian who will be responsible for caring for your children.

What does a living will do?

A living will is also created during your lifetime.  This document is also used at the very end of your life.

If you become seriously ill or incapacitated, and your living will is effective, medical professionals will follow the instructions outlined in your living will.

You are able to outline your desires for certain treatment options and procedures.  This includes deciding whether you want to remain on life support or if you’d rather die peacefully.

You need both!

Take the time to discuss the need for both legal documents with an estate planning attorney.

Take the time to create an effective estate plan so that you are protected in the future.

If you have any questions about the need for a will or living will, consult with a qualified estate planning attorney.

The Potter Law Firm is a member of the American Academy of Estate Planning Attorneys.

Some of our clients walk into our offices knowing that they want a living will.  Others don’t exactly know what a living will is.  Here are some of the most frequently asked questions about living wills:

Is a will the same as a living will?

No, they have different purposes and are effective at different times; a will is effective after your death, but a living will applies while you are alive.  You will probably want both a will and a living will.

What is the purpose of a living will?

A living will is meant to avoid unproductive end of life heroic measures if you do not want them.  You are kept as comfortable as possible, but you tell doctors not to artificially extend your life with heroic measures.

When is a living will effective?

Your living will is effective at the very end of your life if you are terminal and unable to communicate with your doctors or you are in an irreversible coma or persistent vegetative state.

I have a medical power of attorney, do I still need a living will?

If you know that you don’t want your life artificially extended with medical heroics, then you probably want a living will too.

While your agent under your medical power of attorney can make this decision, it relieves a great burden from your agent’s shoulders if you make your own decision when you can.  In addition, having a living will avoids family infighting.

Can my health care agent change my living will?

Your health care agent cannot change your living will or override your decision.  Your agent steps up and makes decisions for you only if you haven’t already made the decision for yourself and cannot do so at the time the decision needs to be made.

If you have further questions about the living will, consult with a qualified estate planning attorney.

The Potter Law Firm is a member of the American Academy of Estate Planning Attorneys.

Many of our clients are relieved to know that someone will be able to help them with medical decisions if they are too ill to make those decisions themselves.  However, they still have many questions.   Here are answers to the most frequently asked questions about medical powers of attorney:

When is a medical power of attorney effective?

The medical power of attorney is effective when you are so incapacitated that you are unable to make those decisions yourself.  This power of attorney ends at death but for the power to donate your organs.

My mother has a health care power of attorney.  Is this the same thing?

Yes, absolutely.  The power of attorney for health care, health care power of attorney, and medical power of attorney all are the same document.

Who should I name as my health care agent?

Choose someone who cares about you and who is comfortable communicating with medical professionals.  Often, the health care agent must be assertive with medical personnel to get your wishes honored.

I have a medical power of attorney, do I still need a living will?

If you know that you don’t want your life artificially extended with medical heroics, then it is likely in your best interest to have a living will.

While your agent under your medical power of attorney may be able to make this decision, it relieves a great burden from your agent’s shoulders if you make your own decision when you can and ensures that your wishes are followed.  In addition, having a living will avoids family infighting.

Can my health care agent change my living will?

Your health care agent cannot change your living will or override your decision.  Your agent steps up and makes decisions for you only if you haven’t already made the decision for yourself and cannot do so at the time the decision needs to be made.

If you have further questions about living wills or health care powers of attorney, consult with a qualified estate planning attorney.

The Potter Law Firm is a member of the American Academy of Estate Planning Attorneys.