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Q: I’m 35, why do I need a will?

A: You are never too young to plan for the inevitable. Sure, no one ever wants to think about death or incapacity, but it is always best to be prepared so your family doesn’t have to make the tough decisions for you. In essence, a will and estate plan are really simply put, just a plan. You don’t need to own anything of value to have a will; a will could just lay out how you want your remains to be taken care of so that other people don’t have to make that decision for you. We recommend that all of our clients, old or young have the following documents:

(1) A Durable Power Of Attorney.

A durable power of attorney just allows another person to handle financial matters on your behalf. The person who holds your power of attorney is called your agent, and they are able to act as though they are stepping into your shoes and can make all of your financial decisions. This needs to be a person you trust, as they are able to access all of your financial accounts. If you don’t have a power of attorney and you are incapacitated, your family or friends would need to go through the courts to complete even the simplest of tasks, like paying your power bill from your bank account.

(2) A Health Care Surrogate or Health Care Proxy

This form is sometimes also called a medical power of attorney. This form allows your family member or friend to make medical decisions for you. It is much like the regular durable power of attorney, however, instead of financial decisions; this is for your health care. Imagine you are in a car accident and in a coma; this person can assist the doctors in making decisions and directing your care. By having a Health Care Surrogate you are helping tell your family and friends who you trust to make decisions instead of leaving all of your care up to your medical providers and/or next of kin.

(3) A Living Will

Many people remember the tragic case of Terri Schiavo. Her husband and parents disagreed on what should happen to her when she was in a persistent vegetative state. A living will is a short and simple form that directs your family, friends, and medical providers what to do should you be in a position where you have an end of life condition or are in a persistent vegetative state. This way, you aren’t leaving that decision up to the state or a loved one.

(4) A Will

You never know when the unthinkable may happen, thus it makes sense for everyone to have a will. If you die without a will all of your possessions will be distributed according to state law, which may not be what you want. Creating a will can be very simple, it tells those you are leaving behind what you want them to have from your property. You can also put a section in your will for how you want your remains to be disposed. In the end, no one wants to make that decision for you and often times it can be difficult for your loved ones to decide what you would have wanted. A will is more for those you are leaving than for you, and it helps give them closure without agonizing over what you may have wanted, as it is all disclosed.

Treasure Coast Legal offers representation in a wide variety of practice areas and is the first place to call with your legal needs. Contact us today for more information by calling 772-621-2886 or visit us online at TreasureCoastLegal.com.