Even a well-crafted plan needs the right people to put it into action. Among the vital information that must be present in your estate plan is a list of the people you want to act as your fiduciaries. Having others make medical and financial decisions on your behalf may leave you feeling uncomfortable. That discomfort will only grow if the people making those decisions are people you didn’t choose.
In Part 1, we tackled considerations when choosing a financial fiduciary. In Part 2, we’re focusing on more personal and medical situations. The roles are all important and work together to ensure that your wishes are respected during and after your life.
Who Makes the Decisions About Your Personal Care?
By their nature, the decisions made in this area of your life are sensitive. Choosing someone you trust to make choices about your healthcare and living conditions is difficult. Even choosing people to see to the wellbeing of your pets requires incredible trust. You need to understand these roles fully so you can make decisions that will serve you well.
Naming Your Agent Under a Medical Power of Attorney
Deeming someone your agent under a medical power of attorney grants them the authority to make vital choices about your care if you’re incapacitated or otherwise unable to make those decisions yourself. Choosing the right person for this role is only one of the components of the process.
The agent is named in an advance directive or living will. This document also expresses your medical wishes to the hospitals or medical personnel where you’re being treated. Some people take the additional step of providing written instructions to their medical agent to aid in the process of making key healthcare choices. The decisions in this area can be highly complex, so it’s better to err on the side of providing more guidance rather than less. Our resource booklet Instructions for California Advance Health Care Directive contains several guiding questions to assist with this process.
In most cases, it’s preferable to have a close family member or friend serve as a medical agent. Some states limit the parties who can serve as your agent, so it’s important to speak to a lawyer in advance about your selection.
Pet Caretaker
You shouldn’t forget your animal companions when it comes to planning ahead. Designate the individual you want to take over for you in caring for your pet. Pets are considered personal property under the law. To make sure they’re cared for in the way you want them to be, you must choose the right person to take on the responsibility.
There are organizations that can help you care for your pets or find someone who can. If you don’t know anyone who can take on that responsibility, find the right organization for your situation.
Interview Questions for Personal Care Decision Makers
Carefully vetting your options is a good idea when it comes to personal care fiduciaries. You’ll want to ask important questions to make sure the people you select have the right level of skill and dedication to protect your interests. The questions used to choose a personal care fiduciary overlap those used to select a financial fiduciary.
Just bear in mind the types of decisions you’re asking these people to make when considering their answers. They’ll be responsible for your care and safety, and that of your pets.
- How do you charge for your service? Knowing what things will cost will allow you to set the needed money aside.
- How can you be reached if questions arise? You and your loved ones must be able to reach your personal care decision makers when the time comes. If an emergency arises, that contact information needs to be easily accessible.
- Do you have everything you need to carry out your duties? Official documentation or other paperwork may be required for your chosen representative to fulfill their responsibilities. Check in advance that the individual or organization selected has everything they need to carry out their duties.
- Are there specific language requirements or documents you need included in the estate plan? Your chosen representative may have particular documents or language they need included in your estate plan. Your estate planning attorney can help ensure everything is in order for your health care agent or pet caretaker.
- Describe your best experience as a health care agent/pet caretaker. This information can help you get a better feel for the skills and values of your potential selection.
- Describe your worst experience as a health care agent/pet caretaker. There are important lessons to be learned from failure. A bad experience can help you identify possible pain points you can avoid with proper planning.
Uncertainty about who will serve as your personal care decision makers can make estate planning a challenge. Even if you don’t have obvious candidates in mind, it’s time to get started on your plan. Call the Law Office of Janet L. Brewer in Los Altos at 650-325-8276 or contact us online to discuss your options. We can help you create a plan that will protect you and your pets going forward.
