| Planning
for the future, Preparing a Will and Living Will
By Connie Sorensen, Staff Writer
The world is a place of great uncertainty. There are wars, diseases
and accidents that take lives each day. In our premortal existence
we were given the information that one day our physical bodies
would die and that until the resurrection, made possible by
our Savior, our spirits and bodies would separate. We still
opted to come here. This life is our test. One part of this
test is our preparedness. This includes some preparation in
areas that may be difficult to think about. For the purpose
of this discussion, facing our own health issues and death.
When
preparing for future health issues and our own death, there
are two main things we need to prepare in order to make the
lives of those we love and leave behind eaiser. First, preparing
a Will, also known as Estate Planning. A will is a legal document
that deal with the dispersal of temporal goods and guardianship
of minor children. Second, preparing a Living Will, a document
that directs our care, or the guardianship of ourselves, should
we become incapacitated due to accident or disease; this type
of document is known as an advance directive.
Estate Planning
Steven J.
Dixon, "Planning Ahead: The Importance of Wills and Trusts,"
(Ensign, June 1983) states:
"The
purpose of estate planning is to permit us to enjoy our property
during life and then pass the unused portion to whomever we
choose, with the least possible shrinkage in value. With wise
planning, we can accomplish the following desirable ends:
satisfy our personal needs and desires and those of our family,
ensure that our property is left to the intended beneficiaries,
designate someone to care for minor children, reduce family
contentions, reduce the cost of transferring property upon
death, and minimize income, gift, estate, and inheritance
taxes."
He further
states:
"The
first step to take in planning your estate is to list all
of the assets you own, the form of ownership, and the approximate
fair market value as of the date the list is prepared. This
list should include any benefits payable upon death, such
as life insurance or pension funds. Also list all liabilities
or debts.
The next
step is to determine not only to whom but also in what manner
your property should be distributed. Consider special needs
of children, parents, or spouse, so that additional hardships
or burdens will not be placed on some beneficiaries while
providing excess benefits to others.
After
these two steps have been accomplished, consult a lawyer,
who can suggest various ways to accomplish your desires and
can prepare documents that comply with the laws of the state
or country in which you live."
Preparing
a well written and thought out, legal and binding will falls
under the umbrella of Estate Planning. And as you can see, a
Will is essential if you want to leave your family well cared
for in the event when you die, at any age.
The AARP
further lists five basic things you should consider when drawing
up a will:
- Identify
who will inherit your estate. Be aware that your
surviving spouse has a legal right to inherit a portion of
your property. Normally, you cannot do away with this right
in your will.
-
Distribute your property. If you establish what is
called a "testamentary trust," your assets will
automatically be distributed to the people you specify. Otherwise,
your property will be distributed under the supervision of
a Probate Court.
-
Name guardians for your minor children. You will
need to appoint a guardian to care for children who are younger
than 18. You also should appoint a guardian for any children
who will be unable to care for themselves in adulthood. A
guardian will raise your children until they reach maturity.
If your children are young, consider naming alternate guardians
who can step in if your primary guardian dies or becomes disabled.
- Create
a trust if any minors will be inheriting your assets.
This trust specifies the age at which the child will receive
his or her inheritance. It also appoints a trustee to manage
that inheritance until the child takes possession.
-
Choose an "executor." The executor will
manage and settle your probate estate according to your instructions.
Make certain the person you choose as your executor is both
willing and able to serve. It is sometimes wise to designate
two executors who can work together to settle your affairs.
One executor could be an individual, like a family member
or close friend. The other could be a bank or an attorney
with legal and financial expertise.
This has
already been stated, but I want to make just a few more comments
on the importance of assigning legal guardianship of minor children
with in your will. If they are not, then the government will
be responsible for finding a suitable gardian for them. You
are the major advocate for your children’s temporal well
being in this life. Don’t neglect to name a legal guardian
and update this information as time passes. For example, once
you have a child more than 18 years of age, they may agree to
act as legal guardian for younger siblings in the event of losing
both parents. They are not obligated to agree to this, but they
could be given the option.
There are
several ways to make and submit a legal will. There are websites,
estate planning layers, even some that specilize in helping
those within the LDS community set up their estate.
Websites
that offer advice on estate planning should be considered carefully.
- Are
they endorsed by the state or country in which you live?
- Do they
have the Better Business Bureau online endorsement?
- Do they
make claims that seem too good to be true?
- Do they
list mailing address and phone numbers or must all communication
be via internet?
Because
of the nature of the documents you are filling contain personal
information, you must be extremely careful when approaching
this kind of venture online.
Whichever
manner of estate planning appeals to you is as personal as the
information that will be contained in your will. The important
thing is to follow through and not procrastinate this decision.
Prepare your will while you are young and healthy and maintain
it throughout your life.
Advance
Directives
The US living
will registry website explains advance directives as:
"An
advance directive is a legal document in which you state how
you want to be treated if you become very ill and there is
no reasonable hope for your recovery."
Although
laws vary from state to state, there are basically three kinds
of advance directives.
1. A living
will is a legal document in which you state the kind of health
care you want or don't want under certain circumstances. A
living will does not let you select someone to make medical
decisions for you.
2. A health
care proxy (or durable health care power of attorney) is a
legal document in which you name someone close to you to make
decisions about your health care if you become incapacitated
(meaning you are unconscious or unable to make medical decisions).
3. A do
no resuscitate (DNR) is a request not to have cardiopulmonary
resuscitation (CPR) if your heart stops or if you stop breathing.
A DNR can be a part of your advanced directive, or it can
be a seperate form that is placed in your medical chart by
your doctor. DNRs are universaliy accepted in all states.
You can
have a health care proxy naming a person to make the decisions,
a living will, and a DNR request to help guide those you love
and are concerened about your medical wellfare in making the
decisions. It is very important that in addition to writing
down your wishes and formally making these requests with your
doctor and hospital, that you also talk with your close friends
and family members to prepare them for how you want your medical
care handled.
www.uslivingwillregistry.com contains more detailed information
on recording and registering your advance directives with health
care providers. There are also other sites available with forms
for advance directives. Your healthcare provider or local hospital
can also advise you about these documents.
Again the
internet is a great resource for providing information and the
necessary forms for preparing your own living will. Here are
a few sites we found helpful:
You need
to give this type of will as much thought and prayer as your
estate planning. You need to consider all who are affected by
your decisions.
It all comes
back to careful preparation. D&C 104:13 states:
"For
it is expedient that I, the Lord, should make every man accountable,
as a steward over earthly blessings, which I have made and
prepared for my creatures."
We are blessed
to be on the earth today in such a time of plenty. The Lord
has asked us to be responsible and care for the possessions
we have been given, including our own lives. D&C 82:3 says
it best:
"For
of him unto whom much is given much is required; and he who
sins against the greater light shall receive the greater condemnation.
We must
be diligent in our preparations. We do not need to be obsessed
with our own demise, rather thoughtful and ready to stand before
the Lord. If we are prepared temporally, we will be better suited
to preparing spiritually, for our conscience will be clear in
that regard and we will be able to answer happily when we are
asked what we did with the blessings we received.
|