More than 130 million Americans are living with chronic illness. Forbes’ recent article, “Estate Planning Musts When You Or A Or A Loved One Has A Chronic Illness,” says that if you (or a loved one) are living with a chronic illness, you’ll likely need the same estate planning documents most people should have.
The article discusses these key estate planning documents, along with some suggestions that might help you customize them to your unique challenges because of chronic illness. These documents might need to be altered to better serve your needs or address your challenges. It’s best to get your estate planning documents in place soon after your diagnosis if possible.
HIPAA Release. The Health Insurance Portability and Accountability Act of 1996 governs the requirements for maintaining the confidentiality of protected or personal health information (PHI). A HIPAA Release lets someone you trust access your protected health information.
Living Will. This is a statement of your health care wishes and can address end of life decisions, as well as many other matters. If you’re living with a chronic illness, there are special considerations you might want to make in having a living will prepared. You might alter the general language to explain your specific disease. The fact that you’re living with disease doesn’t mean you might not face another health issue. Therefore, if you make modifications, set them out as examples of specific changes but retain the broad language that might be more typically used. You can address the disease you have, at what stage and with what anticipated disease course, and how these matters should be reflected, if at all. You might wish to also make decisions regarding experimental treatments.
Health Care Proxy. This is also known as a medical or health care power of attorney. It is a legal document in which you designate a trusted person to make medical decisions for you if you’re unable to do so. If your health challenges might result in your becoming incapacitated, you can say that the agent appointed under your health proxy is also to be named as your “guardian,” should a guardianship proceeding ever happen. Although this may not be binding on the court, it may be persuasive.
Physician Order for Life-Sustaining Treatment (POLST). This is a document that may be included as part of your medical records. A POLST is meant for the end of life medical decisions and may not be as broad as what you might accomplish with a health proxy or living will.
Financial Power of Attorney. This legal document lets you designate a trusted person to handle your legal, tax, and financial matters if you can’t. There are some unique considerations for those living with chronic illnesses to consider. One is the amount of control that should be given up now or at what stage. Relinquish enough control so you can be assisted to the degree necessary, but not more than you need at any point in time. Another characteristic for your powers of attorney is if you should sign a special power that restricts the agent’s authority to certain specified items or sign a general power that provides more broad powers to the agent.
A Revocable Trust. A frequent goal of a revocable trust is to avoid the publicity, cost, and difficulties of probate. However, if you or a family member has a chronic illness, using a revocable trust may also be a good way to provide for the succession or management for your finances.
Reference: Forbes (July 5, 2019) “Estate Planning Musts When You Or A Or A Loved One Has A Chronic Illness”