At Kamper Estrada, LLP, we emphasize the importance of creating estate-planning tools to plan for the future. No matter how young or old a person is, creating an appropriate plan, such as a living trust or will is critical to ensuring that needs and goals are met.
Once a plan is in place it is important to communicate with loved ones about the desires you have for your assets or even your life if you become incapacitated for any reason.
Recent Legal Issue Regarding Organ Donation
A recent article highlights some of the tensions that may occur with respect to love ones.
A young man opted to be an organ donor before an auto accident, which left him incapacitated. His family was unaware of his wishes and did not want to offer his organs for donation so they fought to prevent the donation. An Ohio court intervened and honored the organ donation.
Creating Medical Directives as part of an Estate Plan
Addressing your healthcare needs is a critical aspect of estate planning. One important tool for this purpose is a medical directive. If the young man from the article had created a medical directive explaining his desire to donate his organs, the legal process would have ended. The family endured probate court, because a plan was not created to communicate the son’s wishes if anything should happen to him.
In a medical directive, you identify an authorized power of attorney, responsible for carrying out your healthcare preferences. Medical powers of attorney are the people who will care for you in case of an emergency and make critical medical care decisions if you are unable to make these decisions. The power of attorney should be someone who has your best interest at heart and who is familiar with your preferences. This person is also capable of making sure end of life care plans are full-filled. So if organ donation is an end of life medical care plan you choose then legally the medical power of attorney will serve to carry out your decisions.
Call an Experienced Phoenix Estate Planning Attorney
Kamper Estrada, LLP is available to create the legal documents required to create medical directives, living wills and name the proper medical powers of attorneys. No matter how young a person is the example above emphasizes the importance of creating the proper estate planning documentation. Please contact us today for assistance.