When you create an advance directive and name someone to act as your health care agent, the question of who to select for this important position inevitably arises. While many people appoint their spouses or a close family member, you may want to take a little more time to think about the issue instead of immediately naming the person closest to you. There are several factors you will need to measure when choosing the right person for the job.

Objective

Your health care agent, sometimes known as a health care proxy or attorney-in-fact for health care, will need to be able to make decisions in light of both your desires and the medical facts. While your agent doesn’t have to be a medical professional, the person must be able to evaluate the opinions and advice given to him or her by your doctors and make a decision.

Firm

Your health care agent must also be able to take into consideration the opinions and concerns of your closest family members and friends without being persuaded to choose an action contrary to your desires. Your agent needs to be able to stand up and say what his or her decision is without giving too much consideration to whether or not other family members will agree.

Location

Practically speaking, it’s better to appoint an agent who lives near you. If a medical emergency arises, your agent should be close-by so your doctors have little difficulty in contacting him or her.

Raymond J. German, LTD. is a member of the American Academy of Estate Planning Attorneys.

If you’ve already created an estate plan and have moved, or are considering moving, you may want to take the time to review your plan if your move brings you to a new state. If you’re simply moving to a new location in the same state, you probably don’t need to make any changes. However, moving to a new state should prompt you to at least review your plan, and probably call an estate planning lawyer.

Issue 1: Your Will.

Each state will recognize the validity of the Will created in a different state as long as your Will meets the legal requirements of the state where you made it. However, because the laws and court cases surrounding wills differ between states, it’s a good idea to have a lawyer familiar with the laws of your new state review your will. There may be some minor changes you will want to make to prevent any potential problems down the road, but it’s very unlikely that you will need to rewrite your Will entirely.

Issue 2: Your medical directives.

While your Will is probably safe, your medical directives are another issue. When you move to a new state you will probably want to create new advance directives. This is primarily because your directives will first be used by health care providers. It’s important that your health care providers are able to recognize a valid medical directive, and making a new directive that complies with the laws of the state in which the health care providers are located is probably a good idea.

Raymond J. German, LTD. is a member of the American Academy of Estate Planning Attorneys.

The 2011 Academy Award winning film, The Descendants, tells the story of Max King, played by George Clooney, and his family after his wife is left in a coma following a boating accident. Though the relationship between Mr. King, his daughters, his wife, and his family takes a the bulk of the movie’s plot, there are several estate planning issues in the film that may be of interest to you if you are considering beginning your own planning efforts.

• Inherited wealth problems. As the descendants of a Hawaiian princess and a white Hawaiian banker, Mr. King and his relatives have inherited a substantial interest in a large piece of untouched Hawaiian land. However, Mr. King is very set on ensuring that neither he nor his daughters are spoiled by this wealth. He goes so far as to bring his own lunch to work everyday, and points out that he only spends what he earns through his income as an attorney. For many people with an estate plan, ensuring that their children are not spoiled by the sudden influx of wealth is a serious concern.

• Individual medical choices. Though her accident left her in a coma, Mr. King’s wife left behind a living will, also known as an advance medical directive. Though each state has its own laws governing living wills, they all essentially allow you to make your own medical decisions and put them in writing in case you’re ever left unable to speak for yourself. In the movie, Mrs. King’s advance directive dictated that in her medical condition she does not want to receive life sustaining artificial nutrition, and orderd her doctor and family members to let her expire.

Raymond J. German, LTD. is a member of the American Academy of Estate Planning Attorneys.

If you’re new to estate planning, you may have some confusion about what the difference between a  living trust and what a living will is.  These estate planning document are important; and, they each serve their own purpose.

Take a look at  the information below to learn more.  If you have questions about these documents, or if you’d like to create a living trust or a living will, meet with a qualified estate planning attorney.

What is a living trust?

A living trust is a legal document that allows you to manage your assets during and after your lifetime.  With this tool, you decide how your assets will be distributed and to which beneficiaries.

A revocable living trust is able to be changed at any point during your lifetime so long as you are alive and well.  That’s what “revocable” means.

The assets in your trust are private and avoid the lengthy and costly process of probate.

Additionally, you can appoint a trusted helper who will have access to your living trust assets if you ever become incapacitated.

What is a living will?

A living will is a legal document that outlines your medical wishes regarding end of life medical matters.  This includes discussing the types of treatment and procedures that your consent to.

This is a great way to ensure that you have a say in your medical future.  You’re able to make changes to your living will at any time you are alive and well.

Without a living will, you may have no say in your end of life medical treatment.   They’re both called “living” because you benefit from them during your lifetime.

As you can see, both a living trust and a living will are beneficial estate planning documents that you may want to consider utilizing.  If you have any questions or if you’re ready to start your planning, consult with a qualified estate planning attorney.

Raymond J. German, LTD. is a member of the American Academy of Estate Planning Attorneys.