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June 2010
Avoid Confusion in Crisis Through
Proper Estate Planning
Adapted from "The
Daily Plan-It" newsletter
More and more Baby Boomers
are finding themselves making medical and financial decisions for their aging
parents. These decisions often fall to one child, with other siblings out of the
loop for reasons of distance, conflicting responsibilities, etc.
But some families have a lot
of leaders – or at least they have a lot of strong-willed adult children who
have opinions on what a parent needs or doesn't need in terms of long-term care.
Key
Question: Who Is in Charge?
For example, Dad enters a
hospital in need of immediate hip surgery. Unfortunately, he has an allergic
reaction to medications. He is hallucinating and incoherent. The doctors need to
change his treatment, but they aren't sure who in his family to turn to for a
final decision.
Dad's four adult children
disagree as to his treatment, and long-simmering sibling rivalries surface just
at the time when Dad most needs his family to unify.
A Family Is
Not a Democracy
In most families, managing
by consensus just doesn't work. There's a reason why Dad or Mom was initially in
charge.
In a crisis, it often takes
too long to get a consensus. Relatives that need to be present can't be there or
can't be reached on the phone. Or worse, while the majority of adult children
are in agreement, they allow a lone dissenter to hold veto power over their
decision.
Whether the issue is health
or money, consensus-building usually won't work in a time of crisis.
What Are
the Tools?
The most powerful assets in
crisis situations are Dad’s or Mom’s written instructions and choice of
leadership. We recommend these two valuable tools:
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First, every adult
should have a Durable Power of Attorney. This provides financial authority
to allow a chosen family member to make financial decisions for Dad if he is
incapacitated.
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Second, every adult
should have a Health Care Power of Attorney and Living Will. The laws
governing these documents vary somewhat from state to state, but the concept
is the same: Someone is charged with making all health care decisions for
Dad, including whether to withdraw artificial life support.
These written instructions
are critical for families. The clearer the instructions, the less speculation,
controversy and anxiety await adult children in stepping into their parent’s
decision-making position. |