Pandemic Legal Planning
COVID-19 has changed our lives in so many ways and we are all adapting to a new way of life: social distancing, working from home, home schooling our children, lines at supermarkets, etc. But the virus has also brought home a reality that is often ignored - - WE ARE ALL HUMAN AND TOMORROW IS GUARANTEED TO NONE OF US.
With every day that passes, we see members of our community quarantined, disabled, hospitalized and sometimes passing to their great reward. All too often, these circumstances arise when we have not planned for a disaster. Who handles my accounts while I am in the hospital? Who makes medical decisions for me when I am hospitalized? Do I want heroic measures taken when I am hospitalized? What happens to my estate when I die?
As the attorneys in our office work remotely and contact clients telephonically, Duarte & Molina, P.C. hopes the pandemic pass without affecting our families. But we also realize everyone should have a power of attorney in place so our households stay afloat during a serious illness. We realize someone needs to make medical decisions for us in a hospital setting when we are not able to do so. Who do you want to decide whether to treat your condition with drugs, or therapy or surgery or some combination of these choices? We know how we feel about heroic measures being taken at a hospital. We know how we want our estates distributed after we pass. But have these issues been properly documented?
For your protection and the protection of your family, give these matters some thought. When the pandemic passes and time permits, schedule an appointment with your attorney. Put a power of attorney in place that becomes active upon your incapacity. Put a medical power of attorney in place that allows someone to decide how your medical issues will be resolved. Decide if you want a “DO NOT RESUSCITATE ORDER.” Have your will professionally drafted for your signature and witnessed as required by law.
The pandemic will eventually pass, but we will all come to learn of people who are quarantined, who are hospitalized and unfortunately pass away. And behind the scenes we will know that expensive legal issues arose because there was no power of attorney, medical power of attorney, directive to physicians or will when one was needed. When your life is restored to a normal status and you think of delaying your legal decisions, ask yourself “should I spend a small amount today for a power of attorney right now or should I let my spouse go spend thousands of dollars later to get a guardianship? Do I want to spend eight extra painful and expensive days on a ventilator until my body stops functioning or do I elect right now to stop those useless steps so I don’t suffer, so my family doesn’t go through needless pain and so my family does not incur unnecessary expenses? Should I have a simple will drafted that disposes of my property inexpensively or do I let my spouse, my former spouse and my children battle it out in very expensive legal proceedings because I neglected to execute a will that had my wishes expressed?” When you answer those questions, be sure you ask those same questions of your loved ones. We are all in this battle against the pandemic together. As members of a family, we should also prepare together to battle the legal uncertainties in life.