Page 8 - Family First Firm Brochure

ADVANCE

DIRECTIVES

Did you know that by law, your spouse cannot
make financial or legal decisions on your behalf?

Everyone over the age of 18 needs to have their Advance Directives in
order. Grandparents, parents, and even college students, should have
these in place. Without them, there is no one who has the authority to act
for you if the unthinkable were to happen.

It surprises many of our clients when they find out that they don't

automatically have the ability to make decisions for their incapacitated
family members, including their spouse, adult children, or parents. Sadly,
if these documents are not in place, the only option available is to file an
expensive and lengthy guardianship case with the Court. On the next
page, there is a description of the different documents that make up the
advance directive package:

Durable Power of Attorney

This document allows someone to make legal and financial decisions on
behalf of another; everything from paying a bill, to buying or selling real
estate, all the way to engaging in complex qualification strategies for
Medicaid. This document is effective from the time it is signed until the
signer passes away or revokes it.

Designation of Health Care Surrogate

A Health Care Surrogate has the legal ability to make medical decisions
on behalf of another. However, this typically goes into effect once the
signer no longer has the ability to make decisions for himself or herself.

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