What Legal Steps Should I Take Before a Major Surgery?
Here at the Law Office of Angela N. Manz, we help older Virginia Beach residents prepare their estates for possible long-term care needs or even death. Before you go in for a major procedure, you should have your affairs in order in case the worst happens. You don’t want to find yourself in a position where your loved one’s hands are tied because you haven’t prepared your living will or power of attorney. The truth is that it’s a good time to revisit your estate plan just before a major surgery. In this article, we’ll discuss some of the documents you’ll need to have a functioning estate plan should something bad happen during the surgery.
Four estate planning tools to look into before a hospital visit
- Healthcare Power of Attorney
A healthcare power of attorney is a document that appoints a trusted agent to serve as your medical decision-maker in the event that you are incapacitated. This individual is allowed to make medical decisions on your behalf should you be unable to make those decisions. An important supporting document to your healthcare power of attorney is a HIPAA authorization form that allows whomever you choose to have access to your medical information. Medical personnel generally give information to immediate family, but they can be overly cautious, so this document ensures you control who has access to your medical information.
- Durable Financial Power of Attorney
The world moves forward, even if you’re rendered incapacitated by a medical procedure or surgery. What happens to your money? Who pays your bills? What happens when you cannot handle your own money? In these cases, a durable financial power of attorney can make payments for you, handle your finances, and ensure that your bills are paid even if you are unable to pay them. With a durable financial power of attorney, you can select a proxy, or trusted agent, to act on your behalf. This individual will pay your bills while you are unable to do so. However, without this document, your family would be forced to get a judge to sign off on the agreement to take charge of your finances. This costs time and money. Having this document prepared is crucial.
- Will
Your will provides instructions for distributing your possessions and assets. It is a legal document that is triggered once you die. A will can also provide instructions on how to cover your funeral and burial costs. Those with minor children can establish someone to care for their children in the event of their death. If you die without a will, your estate will be subject to Virginia’s intestacy laws. Your assets will be distributed according to an algorithm that is established by the state. Your will is the heart of your estate plan. You will want to ensure that your will is updated before undergoing a major medical procedure.
- Revocable Living Trust
In addition to your will, a trust can be used to distribute assets when you pass. If you already have a trust in place, you will want to update it before undergoing a major surgery. If you don’t, you’ll want to establish one. There are numerous benefits to revocable living trusts when it comes to asset distribution.
Talk to a Virginia Beach Estate Planning Attorney Today
The Law Office of Angela N. Manz represents the interests of those who are seeking to establish an estate plan. Call our Virginia Beach estate planning attorneys today to schedule an appointment, and we can begin discussing your situation right away.
