Oftentimes, people are of the mind that estate planning is something that should be done later in life because it pertains to what happens when someone passes away. However, creating an estate plan is something that should not be saved for later, as it can be relevant during your lifetime if you become incapacitated and unable to make decisions.  

In an estate plan, there is an important document pertaining to your healthcare: the Health Care Power of Attorney (HCPOA), sometimes referred to as the Health Care Proxy or Patient Advocate Designation. In the HCPOA document, you can name your patient advocate(s), or the person(s) who will make medical decisions on your behalf should you become unable to do so.  

If you become incapacitated without an estate plan including this crucial HCPOA document, your family may face legal challenges, which can be costly and time-consuming during an already time-sensitive period when you may need immediate medical care. In this scenario, a family member would have to go to probate court to file a Petition for Guardianship. After a hearing, once a judge grants them guardianship, only then will they have legal authority and responsibility to make medical decisions on your behalf.  

However, the judge might not always rule in your family member's favor. Take this cautionary tale, for example: 

An older gentleman, Bill, slipped on his icy driveway and suffered a traumatic brain injury that left him unable to advocate for himself. He didn't have an estate plan prepared, so there was no HCPOA document designating a patient advocate to make medical decisions on his behalf. His wife had passed, so it was up to his son, Ken, to go to the probate court and file a Petition for Guardianship for Bill. 

During the hearing, the judge appointed an attorney to represent Bill because another family member raised suspicions of Ken's motives, and Bill had resisted accepting that he needed a guardian.  Ken ended up in a drawn-out legal battle with Bill's attorney and spent over $50,000 of his own money on legal bills. Rather than spending the last few months of Bill's life with him, Ken spent that time with lawyers and in court fighting for the right to speak with his father's medical providers and arrange for his proper care. All of this could have been avoided if Bill had an estate plan with an HCPOA document in place prior to his fall.  

Although predicting a medical emergency isn't possible, it is possible to plan for who can make your decisions for you if a medical emergency does occur. Don't leave your loved ones in chaos; plan for the future by putting an estate plan in place.  

Call (248) 873-3244 to set up a consultation today.