Mom and Dad prepared their will 30 years ago. My siblings and I don't know where it is, we don't know which attorney drew up the document, and now, changes need to be made. Finding the will has been something we were "going to get to." Well, the time is NOW, and we're not prepared.
On top of finding the will, we think that the house was put in some kind of "trust." We don't know what that means, and we better figure it out. And don't even get me started about their medical documents. When Mom went into the hospital, someone asked for a health care proxy document. I had no idea what they were asking for… I'm drowning in a turbulent sea… where do I begin?
Establishing a health care proxy.
Let's start with Mom and Dad, here and now. A health care proxy appoints an "agent and alternate" other than yourself if medical or care decisions need to be made and you are unable to make them. Rather than a physician or medical team looking at a lengthy document for direction, they talk to the person of choice named on the health care proxy document. This person hopefully has a good working knowledge of what Mom or Dad wants in the time of medical crisis. Health care proxy documents are available widely. You can download one from mass.gov, get a copy from your primary care office, or your local Council on Aging. It is imperative that you have this document in place.
MOLST stands for "Medical Orders of Life-Sustaining Treatment." The MOLST document is printed on hot pink paper and stands out. Your primary care office can get you a copy, or you can download it from mass.gov. It replaces the old "DNR" (do not resuscitate) document that gave all medical personnel directive about emergency treatment. The new document covers not only CPR but other treatment that may be considered "lifesaving."
The MOLST is a doctor's order. All first responders, emergency room personnel, and medical providers must follow these orders UNLESS it is usurped by the patient's health care proxy agent. If the patient is not able to make their own medical decisions, their physician will invoke the health care proxy. In this situation, the agent's intervention takes precedence over the MOLST.
The Durable Power of Attorney document (commonly referred toasDPOA) allows an individual to select someone who can make financial and legal decisions on their behalf. DPOA would be useful if you become unable to manage your finances, pay bills, or make decisions about liquidating assets for care or other personal reasons. However, it is not to be decided lightly, as it is a powerful and broad-reaching document. Your attorney should develop this document for you and make sure that you fully understand its breadth.
A will distributes your assets after you die. Although "legal.com" can provide you with a template will document, resist this temptation and consult with a respected attorney. A will dictates "who gets what and how much." This document is legally binding and goes through a court process called probate, which activates the document and allows the estate to be distributed based on the specific contents of the will.
Trusts move ownership of property or assets into a different entity than you as an individual. A trust names "trustees" who have access to the contents of the trust and can make decisions to liquidate, sell, or withdraw assets from the trust. Trusts are another complex entity which should be carefully created and explained by a skilled attorney.
Making sure you have these documents in place is critically important in helping you protect your family and your assets. Once you get your ducks (and paperwork) in a row, you will have a great sense of relief and security. As the athletic company Nike says... "Just Do It."
Joanne MacInnis, RN, is the founder and president of Aberdeen Home Care, Inc., of Danvers, a concierge private duty home care agency in business since 2001. With 35 years of nursing practice, management and administration experience focused on home care and hospice, Joanne and her team specialize in advising and supporting families addressing the elders in their lives retain dignity and quality of life.
