Why Estate Plan? Because we love them!

Over the past few weeks we have explained the purpose of the Georgia Advance Directive for Healthcare and the Durable Financial Power of Attorney. But we thought before we continue with our legal explanations of important estate planning documents, we would explore the impact on families if these aren’t in place.  So why estate plan?

Dying without a will

What do Jimi Hendrix, Aretha Franklin, Bob Marley, Amy Winehouse, Sonny Bono, Michael Jackson, Prince, Kurt Cobain have in common? Yes, they are all celebrities, but they are also known for another reason…they died without a will. This caused family turmoil and legal proceedings. We are all now even witnessing disagreements regarding Lisa Marie Pressley’s estate just weeks after her death.

You may think these disputes only happen with millions of dollars at stake, but you are wrong. They happen daily when legal plans aren’t put in place and family discussions haven’t occurred. Let’s look at a couple of true situations that commonly arise for families seeking help from Hurley Elder Care Law.

83-year-old Jane

Is in the hospital in a coma and her three children are at her bedside. Jane hasn’t filled out an advance directive and her children aren’t agreeing on medical decisions. Jane, a loving mother, would certainly want her children to work together and support each other during this time, but unfortunately, they look at their mom’s care differently and are at odds with each other instead. This situation could have been easily prevented if Jane had shared her wishes in an advance directive and discussed them with her family.

Joe, a beloved grandfather of 6

Has dementia and has been misspending his money and succumbed to scams. His two children are working together and are trying to take control of his financial situation to protect him and pay his bills. Their obstacle is Joe never visited an attorney to create a Durable Power of Attorney for Financial Matters. The banks are pushing back and won’t allow access to Joe’s accounts. Once again, the POA could have added quick relief to Joe’s problem and allowed one of his children to act on his behalf.

Why is taking action so hard?

We could share hundreds of other situations of what happens when you don’t plan. But we think it is important to think about ‘why’ people don’t take this step. We believe much of it concerns the taboo subjects of incapacity and death. Nobody wants to talk about them, so it is just easier to ignore them. However, your love for your family should motivate you to act. Not wanting to burden them with tough decisions, paperwork, endless phone calls, legal proceedings, and family strife should make you deal with the inevitable TODAY.

Parents will do just about anything to feed, shelter, and care for their children out of love. Estate planning should be another step in the care of your family. Call Hurley Elder Care Law at 404-843-0121 to learn more and schedule your appointment with our elder law attorneys. Give yourself and your family peace of mind!