Decision-Making-in-Death-or-Incapacity

How would you like to go? The common answer: “Quietly, in my sleep.”

 

But most of us are not that fortunate. The fact of the matter is that physical death is typically preceded by a period of mental decline. This decline is rapid for some, gradual for others, but the majority of us mortals become incapable of performing basic tasks, much less managing our own financial affairs and making medical decisions, for a time before our deaths. The attorneys at the Law Firm of Grigaltchik & Galustov, P.A. can craft certain legal instruments that will allow you to retain some measure of control over your property and person even as your mind deteriorates.

 

If you suffer brain death, do you want to remain on life support? Understand that your answer to this question may be different from the answer of those you’re going to leave behind. People have many different reasons for the views they hold, including personal and religious reasons. Your reasons are the only reasons that matter. It’s your body even after you’re gone. Don’t let anyone second guess your decisions pertaining to your own flesh and blood. Make your intentions clear from the start, in writing. A Living Will is a legally enforceable instrument that lets your doctors and loved ones know how you wish to be treated in the event of incapacity.

 

A Living Will can make some of your more common intentions clear, but many unforeseeable medical situations may arise, and decisions will have to be made that you simply cannot anticipate in a written instrument. Do not allow strangers to make decisions about your healthcare. Appoint someone you trust to make decisions in your place through a written and legally enforceable Designation of Health Care Surrogate.

 

Now that you’ve made provisions concerning your person, do not delay in getting your financial affairs in order. You may have had to use a Power of Attorney in your daily business activities to empower people you trust to make financial decisions and engage in financial transactions on your behalf. A Power of Attorney is only effective so long as you are alive and well and can make any decisions under the Power of Attorney yourself. A Durable Power of Attorney is a Power of Attorney that survives your death or incapacity and leaves someone you trust to make financial decisions in your stead.

 

Right now, the attorneys at Grigaltchik & Galustov, P.A. will prepare all of these legally enforceable instruments for only $99 per person. Please do not hesitate to contact us with any questions about your estate planning needs at (904) 738-8398.