I want you to know that I personally (and the Oseran Hahn law firm), share the concerns of every individual, family, and business as our country faces this unprecedented time in our lives. We echo the reassurance of health care experts that we can all get through this together. We add to that our commitment to continue helping you understand (and address) the legal concerns of our clients (and others) and navigate to the best solutions for you, your family, and your business.
With regard to these legal concerns, there is ONE critically important step EVERY INDIVIDUAL (especially seniors and vulnerable individuals) should take…immediately.
To protect yourself and your family, in the event of contingencies that may arise in the coming weeks and months, your coronavirus (COVID-19) checklist should include making sure that you and everyone you love have in place durable powers of attorney for health care and finances and a HIPAA authorization.
In many situations, a living trust can provide even better protection than a durable financial power of attorney. And if the living trust is the owner or beneficiary of your assets, you will most likely be able to avoid probate upon your death as well. I know, these are sobering thoughts but ones we all need to be thinking about in this time of uncertainty. I hear of too many cases where someone has gotten very sick and it’s too late to protect their family and their assets. Acting ahead of any potential issues can relieve a great deal of stress, anxiety, and uncertainty in you and your families lives. And if you own a business, it can give it a much stronger chance of surviving should something happen to you.
I would suggest there are two key Takeaway’s to remember in the days ahead…
Takeaway - Add Durable Powers of Attorney for Health Care and Finances and a HIPAA Authorization to Your Coronavirus Checklist
As you prepare everything you need for the coming weeks, add another task to your checklist — make certain that you have durable powers of attorney for health care and financial care and a HIPAA Authorization in place.
If you have an estate plan, locate it and find your durable powers of attorney for health care and finances. Most people do NOT have a HIPAA Authorization, which is vital. Review your document set and make certain that everything is up to date. If you don’t have the above documents, call your attorney and put them in place now. If you don’t have one, shoot me a message and I can help get these in place immediately for you.
Takeaway - The Estate Group at Oseran Hahn is Here to Help in Any Way We Can
Our Estate and Elder Law attorneys are here and available to help, if you need assistance with durable powers of attorney, a living trust, health care documents, a living will, beneficiary designation forms or any other legal matter. And it you have other areas of your life that are concerning to you, please let us know. We are more than happy to put you in touch with someone who can give you some additional assistance. Whatever your issue, we can find someone who can help you figure it out…even if it’s not us.
We are leveraging technology and all other available resources to address the needs of our clients (and anyone else who needs assistance), while following the coronavirus (COVID-19) guidelines. Our options include using FaceTime and telephone conferences for client meetings if you just want to use your phone. Or we can have a Zoom, Skype or Go To Meeting video call at any time. If we can assist you or a family member, please do not hesitate to contact us.
How Durable Powers of Attorney Address Coronavirus (COVID-19) Risks
The risks associated with coronavirus (COVID-19) include the possibility of temporary or permanent incapacity. Not just during this crisis, but every year millions of adults in the USA become incapacitated. If this happens to you — even temporarily — and you do not have durable powers of attorney and a HIPAA Authorization in place, no one can legally make health care and financial decisions for you. Often even spouses or adult children cannot make health care decisions for each other if they are not empowered.
If you have durable powers of attorney for health care and financial matters and a HIPAA Authorization in place, your advocate and attorney-in-fact will be able to make health care decisions on your behalf and tend to your daily financial affairs while you are incapacitated by the coronavirus (or any other cause).
In the absence of durable powers of attorney and a HIPAA, the only way for a family member to get legal authority to act on your behalf in health care or financial matters is to petition the probate court for appointment as your guardian and conservator. A court proceeding results in unnecessary time delays and costs, which is not a satisfactory solution in a family emergency. Guardianships take extensive time and money to set up, and right now our court system is shut down and difficult to access.
Durable Power of Attorney for Health Care / Patient Advocate Designation / Advance Directive / HIPAA
In a durable power of attorney for health care— also called a patient advocate designation— you authorize a named individual to be your advocate and make health care decisions for you, if you become physically or mentally incapacitated temporarily or permanently. In addition to appointing a patient advocate to act on your behalf, we usually create an additional document known as an advance directive stating your wishes concerning medical treatment and end-of-life care. The HIPAA is just a medical privacy waiver authorizing those closest to you, usually the people who you designate as your health care agents, to visit you in the hospital or care home, deal with your doctors, quality of life, and all health-related matters.
Durable Financial Power of Attorney
In a durable financial power of attorney, you (the principal) designate a person or financial institution as your attorney-in-fact (or agent) to manage your financial matters if you become incapacitated. Your attorney-in-fact has only the powers that you specifically grant in the document.
In many situations, a living trust provides even better protection than a durable financial power of attorney. This document names a Trustee to take care of you financially at disability and to settle your estate outside of the probate courts upon your death.
Creating Durable Powers of Attorney and Living Trusts in Your State
Although each state has specific state laws governing durable powers of attorney for health care and for financial matters, most states will accept the powers of attorney from other states and do not have statutory or one size fits all standardized DPOA forms. To ensure the validity of your DPOAs, you should never use a do-it-yourself (DIY) service or form. When an attorney prepares the documents for you, your DPOAs take your individual situation and wishes into account and will be customized for you. Your lawyer also ensures that the documents are legally valid under applicable laws.
If you don’t have the above documents, you should contact an attorney at your earliest convenience. Putting those documents in place does not involve a complicated process in most cases.
A living trust also provides financial management of your assets owned by the trust. In fact, trusts often provide a superior approach to financial DPOAs. This should be considered as part of a foundational estate plan for your family.
How The Estate Planning Group at Oseran Hahn Can Help
Our legal team is here to help you with durable powers of attorney, living trusts, and any other legal matters you and your family face. Or we can simply help you answer your questions and give you more peace of mind. Since provide a full range of legal services relating to estate and elder law (and almost any other type of law), we can either assist you or guide you to the appropriate person to answer your questions or reassure you about your concerns.
We have earned the trust of many clients in the Pacific Northwest over the past 30 years due to our commitment, experience, and credentials when they legal needs. Again, if we can help you in any way, even if it is just a simple, quick question, we would be happy to help. Let us know how we can put your mind at ease and help lower your stress during a very stressful time.