Who Will Make Decisions for You If You Can’t?
Planning for the future is something most of us think about in small ways. We pay our bills, take care of our families, and make day-to-day decisions that keep life moving.
At Foust & Foust, PLLC we remind clients to add one more item to that list: a simple review of your legal documents. It can give you peace of mind knowing your wishes are clear and your loved ones are not left guessing if something unexpected happens.
What Happens If You Cannot Make Decisions?
If you cannot make or communicate decisions, banks, medical facilities, and insurance companies may require written authority before allowing someone else to act for you.
Without the proper documents, your loved ones could have trouble accessing an account held only in your name, paying bills with your funds, receiving private medical information, or handling insurance matters. If no one has been given authority ahead of time, your family may have to ask a Tennessee court to appoint someone through a conservatorship, which can add time, expense, and court involvement to an already stressful situation.
The Role of a Power of Attorney
A Durable Financial Power of Attorney lets you choose someone you trust to handle financial matters for you if you cannot handle them yourself.
What Can It Cover?
Depending on the authority you provide, the person you choose can pay bills, manage bank accounts, handle real estate matters, file taxes, and deal with insurance claims, while the word “durable” means that the authority can continue if you become unable to make decisions for yourself.
Why a Healthcare Directive Matters
A Healthcare Power of Attorney lets you choose someone to communicate with doctors and make healthcare decisions for you when you cannot speak for yourself, while a Living Will records your wishes about certain end of life medical care.
Give Your Family Direction
Without written instructions, family members can disagree about what you would have wanted, even when everyone has your best interests at heart, so putting your wishes in writing can reduce uncertainty and help the person you choose speak for you with greater confidence.
Common Mistakes Families Make in Emergencies
Families often run into problems when they assume they have more authority or more time than they actually do.
Mistakes Worth Avoiding
- Assuming your spouse can handle everything: Marriage does not automatically provide complete access to individually held accounts or full authority over every medical decision.
- Waiting until a crisis: If you have already lost the ability to understand and sign these documents, it can be too late to put them in place.
- Using a generic online form: A general form may not address Tennessee requirements or provide the authority a bank or medical facility needs.
How to Put the Right Documents in Place
Start by deciding whom you trust to handle your finances and whom you want to speak for you about healthcare, keeping in mind that you do not have to choose the same person for both responsibilities.
Put Your Choices in Writing
Your plan can include:
- A Durable Financial Power of Attorney for financial matters.
- A Healthcare Power of Attorney for medical decisions.
- A Living Will for your wishes about certain end of life care.
Putting these documents in place while you can still make your own decisions gives you control over who will act for you and gives your family written direction if an emergency occurs.
Protect Your Voice Before a Crisis
Estate planning is not only about what happens to your property after death, since it can also help protect your choices while you are living and give the people you trust the authority to help when you cannot act for yourself.
At Foust & Foust, PLLC we help Tennessee families put these documents in place so their wishes are written down before an emergency occurs.
Call us today at (865) 203-4041 to schedule a consultation, and we can help you put your wishes in writing so you and your family know who can act if you cannot make those decisions yourself.
