Advance Directives in the estate planning are created to make sure all the documents and plans are in place if a testator falls seriously ill or legally incapacitated. It generally lists the names of the people in a legal document who would be acting on the testator’s behalf if a situation arises in future. TLB’s team has been trained by the US Estate planning attorneys and paralegals to create documents that includes, healthcare proxy, durable power of attorney and living will to help their clients have a thorough plan ready for any such contingent exigencies. Post Covid, US has seen a surge in the cases relating to wills and trusts therefore a lot of people became conscious and drafted their plans pertaining to their estates. If a testator’s medical condition no more permits him to take a decision, in the absence of any such document, can make it way more complex and estates can go into inappropriate hands.
Benefits of Using TLB’s services during the drafting of Advance Directives
TLB can review documents and communicate with your end clients as part of your law firm and note down their wishes in relation to any advance directives. If need be, the team at TLB can review documents by your clients’ other attorneys, medical records, PCPs, and other relevant documents to advise your clients of the best advance directives. The team will list out the names of all the relatives who can be your prospective designate for this responsibility. The team is well aware that anyone who is going to be designated for this role is going to take all decisions on your clients’ behalf if they become incapacitated. The team has a checklist which it can share with you to highlight all the potential conflicts that can arise amongst your family members.
TLB can further research and find out the names of the healthcare agents in the clients’ areas who can give the right advise as to how to go about the advance directives. As someone would be taking a decision on your behalf, you need to specify the exact details of how the client has to be cared for during the period when they are incapacitated. Life is vulnerable and so it is vitally important to know the limitations that you have for these legal documents. If a client wants to avoid advanced treatments or specific interventions, TLB can guide them better as to what are the decisions that they need to put in the document.
TLB also has a team of doctors who assist the estate planning team to create priorities in the document. They will look at all the prior, current and subsequent medical records of your clients, assess the doctors’ visits, review the family history and prepare an analysis that will guide your client to take the most appropriate decision.
TLB’s Role in Creation of Types of Advance Directives’ documents
Durable Power of Attorney
Real estate planning needs to be drafted accurately in every case by experienced minds. TLB’s team has worked with law firms across US so they are well aware that different states have different requirements for durable power of attorney. If a testator passes away, different states have different laws for having a continuing power of attorney and TLB’s team can help you in coming to conclusions regarding making this document so that your client is not under any kind of duress during their serious illness or when they are incapacitated.
TLB’s doctors work in tandem with the estate planning team to create the document for “healthcare power of attorney” or “healthcare proxy”. As different jurisdictions have somewhat different requirements, the team will research those, and all the medical wishes of your client would be put in the draft. If at any point your client wishes to change these in the document, then those can be incorporated too. However, the team will make sure to help your client see what others have done in similar situations to give them an idea.
The living wills are very critical and in the US all jurisdictions emphasize this. This particularly came to the forefront due the Terri Schiavo’ case. In this case, the court supported Terri’s husband that she may not have wished to live like this in a vegetative state and so allowed the food tube to be removed which subsequently caused her death. This has brought in many more challenges for such type of cases but has at least paved a way to take a decision and legally document the will so that no one can take any decision for someone’s life when they cannot anymore. TLB’s team can list and create all possible scenarios and convey your client the need to have such a will and these points in the draft.
TLB’s team are available 24/7 to support you with your estate planning services. Contact them to know more.