Legalities

Legalities of Death

I’ve included this page only to note a few considerations of which you may wish to be aware in order to further investigate their importance to you.

 

Considerations for you to ponder

I’m not at all well versed enough to advise you on legalities. Moreover, whatever I write here might well be contrary advise as it applies to laws in another State, Province or any other country throughout the world. Nevertheless, I offer a few thoughts for your further investigation…

1) You’d be wise to ensure you have in your possession a ‘Living Will‘. Without my Mom previously choosing and in fact documenting the fact she wanted absolutely no outside means employed to resuscitate or in any way extend her life, there was the chance that I might have faced some legal jeopardy because I allowed her to die at home without summoning an ambulance, et al. Still, I faced a small barrage of somewhat accusatory demands wanting to know why I didn’t call the authorities when I realized Mom was at her end. And quite properly so, the authorities went to great lengths to ensure I had no hand in Mom’s death, including counting prescription pills, determining her facial and other appearances, etc.

2) To hugely lessen the after death hassle, create in advance a ‘Living Trust‘. In many, if not most jurisdictions the typical ‘Last Will’ is sometimes completely worthless – especially if it was made some years before and the family structure has changed from what it then was. Remember… Neither the government nor creditors are your ‘after death’ friends. A Living Trust largely shields both the estate of the diseased and to a great degree the recipients of the estate, as well. Obtaining a judicially ordained Guardianship prior to the development of the Living Trust is not mandatory, but something to consider. Ask your legal counsel.

3) I found that only in certain considerations is a ‘Power of Attorney‘ document of value. I encourage you to thoroughly investigate its parameters because in some realms of legalities it is entirely worthless. And when not initially worthless, in many cases it soon becomes worthless if older than so many months or years, depending upon the intended application. Nonetheless, you’ll surely want to acquire that document and for your sake, make certain it covers… ALL, ALL, ALL …eventualities. That it includes providing you the right to make all financial decisions relative to every entity owned or controlled by the Alzheimer’s victim and surely, any and all medical decisions which in the future must be made.

4) I strongly encourage you to obtain a ‘Guardianship‘. Though not entirely without difficulties, it is far, far… did I say… far …better than a Power of Attorney. Ensure that it provides you authority to act ENTIRELY on behalf of the Alzheimer’s victim in EVERY SINGLE ASPECT OF LIFE.

5) Prior to entering into the above noted legal considerations… you’d be wise to not only review each and every aspect with siblings or anyone else in line for distribution of the Estate, but to document their approval in whatever decisions are to be made. Please know that if attitudinal changes and/or legal challenges do not arise when the question of the disbursement of the Estate arises… then you are a very fortunate member of a fine extended family. As sad as it is, even if you have been the principle or the one and only Caregiver who provided ongoing assistance to your loved one… it is not uncommon for one heir or other to almost always have their hand out and lawyers ready to pounce. A sad statement of their personal character, but there is no sense in you not trying to avoid such difficulties in advance. Again… employ their assistance in the formulation of legal documents and document that which has been agreed.