If someone doesn’t make a health care directive, Brickman said, medical and end-of-life decisions often fall to a default hierarchy of people determined by state law. At the top of the list is usually a spouse or partner, but that doesn’t always work for everyone.
“I work with clients all the time who are legally married, but they are separated or estranged from their spouse. Or they adore their spouse, but they think that their spouse might not think clearly in case of an emergency,” she said. “So, it’s really important to be able to name the person you want to name.”
Power of attorney for financial decisions
Another type of power of attorney designates someone to handle financial decisions under certain conditions, and there are two main options: durable and springing.
As its name suggests, a springing power of attorney “springs” into effect only when certain events or circumstances happen, and they’re often temporary.
For example, someone may want a designated loved one to manage their finances and pay their rent and bills while they recover from an injury, illness or procedure, or are traveling out of the country for a prolonged period.
Durable power of attorney is effective immediately and indefinite, but the person who made it can revoke it at any time. This document may be ideal for a couple who shares a lot of financial responsibilities, Corbalis said. It would ensure that one partner can quickly and easily take over mortgage or car payments and address other financial duties if and when the other person becomes incapacitated.
It can also be an option for seniors who may no longer want to deal with the daily minutiae of their financial responsibilities, Brickman said.
“Those are the people who tend to say, ‘I really don’t want to deal with this. I want someone else just paying my bills for me,’” she said.
Last wills and testaments
Wills are crucial whenever someone owns property, savings and other assets, experts say. Brickman recommends them for anyone who owns a home, has children or is facing a serious medical condition, at any age.
A will recognizes someone’s heirs and what they will each inherit from their loved one upon their death.
“And some people put into their will, — they don’t even just put the big-ticket items; they put the items that are really important to them,” she said. “They may have grandma’s dining room table and chairs or a piece of art they really like. It doesn’t have to be monetarily valuable. It just has to be valuable to you.”
Naming someone to inherit a house or property is key, though, Brickman said. It prevents something called tangled titles, which is when it is unclear who is the new owner of a home and multiple family members may have a claim. Disputes can last for years or even generations.
Brickman encourages people to draft wills with guidance from an attorney, as they are best qualified to review state laws and give validity to the document. However, some people can still make handwritten wills of their own, which are recognized in Pennsylvania but not highly recommended.
With those kinds of wills, called holographic wills, Corbalis said it’s still best to have witnesses and even a notary present when they’re made.
People are encouraged to review and update their wills over time, he said, especially when there are changes to their assets, heirs and family relationships.
“You have to make sure that the will is reflective of where you are in your life now, and who your family is and who are your beneficiaries,” Corbalis said.
If and when people make new wills, they must destroy all other previous versions that ever existed, Brickman said, so that there’s no confusion about which version the law should recognize.
“You don’t want to be like Aretha Franklin, finding wills in the couch,” she said, referring to the spiral notebook found in the singer’s home, which a Michigan jury ruled was her valid last will and testament. “It is true that the most recent-in-time will controls, but it’s always a headache if there are multiple wills.”
Legal experts recommend that all estate planning documents be made with attorneys who specialize in this area of law. It does cost money, which can be a barrier, but Brickman said some people can qualify for financial aid and no-cost programs that help people create these documents.
At Community Legal Services, Philadelphians who are homeowners and who have incomes under a certain level may qualify for free estate planning services. Senior Law Center does not offer estate planning services directly, but the organization does partner with private law firms that offer services pro bono at yearly clinics for those who qualify.
“People feel like estate planning only applies to wealthy people, but nothing could be further from the truth,” Corbalis said.