When you’re otherwise unable to convey your wishes, you’ll need the right forms and people by your side to ensure everything goes smoothly. In this post, we’ll show you how to fight for your preferences when needing medical treatment or dividing your assets.
Document Templates You’ll Need
Certain documents and forms let you easily broadcast your wishes to the right people. This isn’t a 100% guarantee that everyone will follow these rules; this depends on your agent(s) and other advocates.
A document template site helps you get the forms you need — usually pre-written to avoid legal hurdles. For example, you can get free power of attorney forms on PowerOfAttorney.online. You can customize these to fit your situation; this is a lot cheaper than paying for a lawyer’s time.
Here are the three main documents you should prepare:
1. Power of Attorney
A power of attorney lets people make decisions on your behalf, usually through rules you set up in advance. These arrangements usually cover medical or financial issues, such as agreeing to experimental treatments. Your agent will be someone who knows you well enough to navigate unexpected situations in your stead.
2. Advance Directive
These documents include a power of attorney but also come with a living will. This is effectively a list of medical preferences regarding treatment. Here, you should outline every treatment you would prefer not to receive. Your healthcare team will use this when you’re incapacitated so they don’t give you the wrong medication.
3. Last Will and Testament
Your last will and testament sets out what should happen to your estate when you pass away. If you don’t write one, your belongings will be in probate for a long time — likely leading to lengthy disputes among your family. You could also assign a specific guardian to any minors currently in your care.
The Importance of Communication
People, even your loved ones, can only know your preferences and wishes if you tell them. This could be in writing or through lengthy discussions. If you plan on making tough choices, such as turning off your life support, your family needs to be ready for this.
There may be situations you don’t have clear guidance for, as even all the planning in the world can’t predict what emergency may develop. Your agents and executors might then have to use their personal knowledge of you to figure out how you would approach a situation.
You can also only communicate your wishes if the documents are accessible. Anyone acting on your behalf should have a copy of your completed forms or know where they are. This includes your doctors and anyone else who’ll be giving you medical treatment.
Choosing a Representative
Picking a person to act on your behalf as a PoA agent or executor isn’t only about who you trust the most. For example, the person you have in mind might not have the financial skills to handle your accounts. They may also struggle with tough decisions, such as ending treatment.
Here are our tips for choosing the right proxy in any situation:
- They must enthusiastically fight for your preferences
- They should live nearby in case of an emergency
- They must pick what you want over what’s “best”
- They should have skills that reflect their responsibilities
- They must be able to deal with potential conflicts
- If they’re a beneficiary, this shouldn’t affect their duties
You also shouldn’t stop at just one person. You never know what might happen to them, or they might realize too late that they’re ill-equipped for the responsibility. Make sure you have at least one or two backup options; they should also know your PoA or will might call upon them.
Updating Your Wishes
Your preferences might change over time, even if you don’t realize it at first. You should read over your documents at least once a year and ask yourself if anything’s changed. If it has, make sure you update the forms immediately; this is as simple as editing the online document.
Your updated forms still need new signatures from any agents, notaries, or witnesses. You must also destroy any previous editions and their copies. This includes deleting online equivalents — when the time comes, there must be no confusion about which version is the current one.
Updating your documents can also mean changing who your agent will be. If there’s a chance of your previous agent being bitter, make sure people know they aren’t your agent anymore. If you don’t, they might try to claim control of your estate or healthcare decisions regardless.
Final Thoughts
A pre-written template is essential when you aren’t able to advocate for your own estate or even your medical treatments. However, for certain document types, this only works if you also pick a great executor or agent to fight for your wishes against their own interests.
