End of Life Planning: Essential Legal Steps
Taking Control of End-of-Life PlanningFacing a terminal diagnosis can be emotionally overwhelming, but addressing legal considerations is crucial during this time. Ensuring that your affairs are in order becomes exceptionally important. Here are some key steps to consider.
Identifying Your Family's NeedsStart by reviewing your existing arrangements, including your will, beneficiary designations, health care proxy, and durable power of attorney. Ensure that these documents are up to date and that they designate the right individuals for critical decision-making roles. Explore our end of life legal and financial checklist for a comprehensive overview.
Assessing Capacity to Change Estate Planning DocumentsThe legal standard for competency is relatively low, meaning even individuals with conditions like Alzheimer's may still be legally capable of updating estate planning documents. Seek guidance from an experienced estate planning attorney to assess and document mental capacity to make or change estate planning documents.
Making the Neccessary ChangesFrom updating documents to reviewing estate plans and beneficiary designations, take action promptly. While adjusting estate planning documents requires legal advice, you can independently update beneficiary designations by contacting the respective institutions.
Planning for Immediate Cash NeedsUnderstand that the power of attorney held during a loved one's lifetime expires upon their death. To avoid financial challenges while waiting for the probate process to begin, ensure there's an account with accessible cash, held jointly with rights of survivorship.
Validating the Health Care ProxyActivating a health care proxy can be more complex than anticipated. Ensure your primary care provider has a copy of the proxy and clarify when it should be activated. Additionally, confirm that the proxy authorizes health care providers to share medical information, which is vital in emergency situations.
Understanding Care OptionsWhile not a legal matter, it's essential to educate yourself on different care options, such as regular care, palliative care, and hospice care. The person holding the health care proxy should fully comprehend these choices, as they can evolve over time. Seek guidance from hospital social workers or case managers for objective and compassionate insights.
ConclusionIn these challenging times, it's essential to remember that we've walked this path ourselves, and we understand the emotional and legal complexities you're facing. Our heartfelt commitment is to provide guidance and support throughout your end-of-life planning journey. We're here not just as professionals but as compassionate allies, ready to assist you in every way possible. Please don't hesitate to reach out, as your peace of mind is our top priority.
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Meet Our Estate Planning and Probate Lawyers
Emily Smith-Lee is the owner and founder of slnlaw. She is a 1996 graduate of Boston College Law School. She was previously a partner at the Boston office of a large international firm, where she worked for thirteen years before starting the firm that became slnlaw in 2009. She has been recognized as Massachusetts Superlawyer each year since 2013, and in 2018 earned recognition as one of Massachusetts Lawyers Weekly's Lawyers of the Year.
Jenna Ordway: Jenna is a 2013 graduate of Quinnipiac Law School, and also earned an LLM in Taxation from Boston University in 2015. She has been affiliated with slnlaw since 2011, first as a law clerk and then as an attorney. Jenna has been recognized since 2019 as a "Rising Star" by Massachusetts Superlawyers. Jenna wrote a book on estate planning: The Road to Peace of Mind: What You Need to Know About Estate Planning. Jenna has helped many individuals and families with planning to protect their legacies and loved ones, and planning for the future and succession of their businesses.
Sharleen Tinnin: Sharleen is a 2010 graduate of Northeastern University School of Law, and earned her LLM in estate planning from Western New England Scool of Law in 2016. She has been with slnlaw since 2023. Prior to joining slnlaw, she worked with King, Tilden, McEttrick & Brink, P.C. on complex civil litigation matters. She previously worked for the United States Department of Justice, and received an "Excellence in Justice" award in 2017. Sharleen has helped many clients with planning for their legacies and their future, and navigating the probate process in Massachusetts after the death of a loved one.
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Our experienced team is here to guide you through end-of-life planning, offering valuable insights and compassionate support to ensure your wishes are met. You can use the button below to schedule your free information call, or simply give us a call at 781-784-2322.
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