Who Will Make Decisions for You? Why Estate Planning Matters Before It’s Too Late

What Happens If You Become Incapacitated Without an Estate Plan?

Life is unpredictable, and while we hope for the best, preparing for the unexpected is crucial. If you become incapacitated due to an illness, accident, or age-related decline and don’t have an estate plan in place, your loved ones may face significant legal and financial hurdles in managing your care and finances.

Why This Matters

Without the proper documents, your family could:

• Be unable to make medical decisions on your behalf – Without a Healthcare Power of Attorney, your loved ones may need to go through court to gain the right to make medical choices for you.
• Struggle to manage your finances – Banks and financial institutions won’t allow access to your accounts without a Durable Power of Attorney or a court order.
• Face costly and time-consuming court proceedings – Without an estate plan, your family may have to go through guardianship or conservatorship proceedings to gain legal control over your affairs, which can take months and cost thousands in legal fees.
• Experience family disputes – Family members may disagree on how your care should be handled without clear legal instructions, leading to stress and conflict.

Essential Documents to Prevent These Issues

To ensure your wishes are honored and your loved ones are protected, consider these key estate planning documents:

✔ Durable Power of Attorney – Allows a trusted individual to handle financial matters if you are unable to.

✔ Healthcare Power of Attorney – Authorizes someone to make medical decisions on your behalf if you become incapacitated.

✔ Living Will – Outlines your preferences for medical treatments, such as life support, in case you cannot communicate your wishes.

✔ Revocable Living Trust – Ensures that your assets are managed by a designated trustee according to your instructions, avoiding court involvement.

✔ HIPAA Authorization – Gives your family or trusted individuals access to your medical records so they can make informed decisions about your care.

The Process to Get Started

1. Consult an Estate Planning Attorney – Discuss your unique situation and goals with a professional.
2. Choose Your Decision-Makers – Select trusted individuals to serve as your healthcare proxy, power of attorney, and trustee.
3. Draft and Sign Your Documents – Your attorney will prepare the necessary legal paperwork, ensuring your wishes are legally enforceable.
4. Communicate with Your Loved Ones – Let your family know about your plan so they understand their roles if they need to step in.
5. Review and Update Regularly – Reassess your estate plan periodically to keep it aligned with your current needs.

How Rutkowski Law Firm Can Help

At Rutkowski Law Firm, we help individuals and families prepare for the unexpected with personalized estate plans designed to protect their wishes and loved ones. Don’t leave important decisions to the courts—ensure your family is prepared.

Ready to put the right protections in place? Schedule a consultation today.