Receiving a cancer diagnosis is an incredibly challenging experience, and during such times, legal issues are the last thing anyone should have to think about. Unfortunately, without proper estate planning documents in place, individuals and their families may face a range of legal issues that can add to the stress of the situation. After the dust of diagnosis settles, it might be worth spending some time getting ones affairs in order.
Below we’ll outline what some of those legal issues could look like, but first, we want to reiterate our support for anyone experiencing a difficult medical situation, either personally or that of a loved one. Our line of work requires us to discuss some topics that many people would rather leave to the imagination or not think about at all. Rest assured, our team is ready to support you through it all. We often see that clients who give us a call after they’ve processed the news a little bit are able to make clear decisions about what they want to happen in the worst case scenarios. We know it can be difficult to discuss these possibilities, but we’ve seen it be even more difficult for families when these decisions are not addressed at all.
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Medical Decision-Making: Estate planning documents such as a Medical Power of Attorney and Directive to Physicians allow you to designate someone to make medical decisions on your behalf and outline what you would have chosen in specific circumstances if you become incapacitated. Without these documents and the discussions surrounding them, your family may face challenges in making decisions that reflect your preferences and become anxious about all of the “what ifs,” they never knew to ask you.
One of our favorite resources for discussing one’s medical wishes is The Conversation Project. Their website and social media is filled with prompts and guidelines to make the difficult conversations a little easier.
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Financial Management: A Durable Financial Power of Attorney (DPoA) enables you to appoint someone to manage your financial affairs if you are unable to do so. This is especially important during a cancer diagnosis when doctor's appointments and treatment side effects make running errands an uphill battle. Our Durable Financial Powers of Attorney documents are comprehensive and account for many scenarios that others might not.
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Probate Process: Without a Will or other estate planning documents, your estate may go through a lengthy probate process, where the court oversees the distribution of your assets. This can be time-consuming, expensive, and may not reflect your intentions. We counsel every client on probate avoidance, looking at their unique set of assets to create a plan that will pass along assets outside of probate, if desired.
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Asset Protection: Estate planning can include strategies to protect your assets from creditors or unreasonable liabilities. Without these protections, your assets may be vulnerable to legal challenges.
Ard Law Firm is known for our ability to act quickly for our clients experiencing a medical crisis—this is a time when medical, legal, and familial decisions need to be made rapidly. We want to reiterate that the stress of these decisions could be lessened if discussions are had and plans are made soon after a serious diagnosis such as cancer.
In conclusion, having estate planning documents in place and a supportive community is essential for anyone facing a cancer diagnosis. These documents provide peace of mind and ensure that your wishes are carried out, even if you are unable to make decisions yourself. It's important to consult with a qualified estate planning attorney to create a comprehensive plan tailored to your individual needs and circumstances. By doing so, you can ensure that you and your loved ones are prepared for whatever the future may hold.
