Legal Documents

Necessary legal documents are sometimes confusing. The best advice we have found is to consult a lawyer locally. Laws vary from location to location. Although it is tempting to try to do this yourself professional advise is recommended.

Many of our readers have already had personal experience of legal problems arising due to the stroke. For example, a family may face the problem of needing to access bank accounts where only the patient is a signature. The bills continue to arrive even though the survivor may be incapacitated. Others may have had the experience of a loved one dying without having their legal affairs in order. That poses additional problems.

Unfortunately each of us can be vulnerable legally. Luckily there are ways protect yourself. The time to decrease this vulnerability is while one has the capacity to do so. One lawyer tells the story of receiving a phone call from a family needing to make legal decisions. His first question was "Can she still sign her name?"

Many of us have experienced various problems because we (or someone else) thought they had lots of time left before serious illness or death. As uncomfortable as it may be to deal with these legal issues now, you or someone else will be grateful in the future.

There are a number of legal documents which each of us should investigate. It is important to have them in place in case of illness or death. These include a will, power of attorney and health power of attorney. These go by different names in different countries and are even different between states and provinces. It is always wise to check with a lawyer locally.

Many figure they do not own enough assets to make a will worth the time, effort, and money necessary. In most places if you die without a will, the government will make decisions about your assets, usually to the government's advantage. Having a will assures that your assets are transferred to selected heirs. It is not wise to assume that your assets will naturally transfer easily to spouse or children. This is especially true in today's world of blended families.

It is important to have an inventory of all your assets. If possible, share this inventory with others in your family. Be sure that they know where it is located.

Most of us would like to avoid or minimize taxes. Estate or death taxes do exist in most localities. In the US, currently the first $675,000 of the estate is not taxed. This amount is scheduled to increase to $1,000,000 by 2006. Most individuals have fewer assets. However, to avoid any problems it is worth the time, effort, and expense to see a lawyer and to have proper papers.

A power of attorney is needed if for any reason you are unable to attend to your finances. The downside is that the person who you grant power of attorney can do anything with your finances, so you want to be sure that the individual is trustworthy. In many locations an alternative is to be sure all your accounts are joint accounts. In some locations you can simply add someone as a signature to your accounts without making them an owner.

Power of health is needed if for any reason you are unable to make health decisions. It is wise to talk with your family ahead of time about your position regarding life support and organ donation. Although laws vary from location to location, this document insures another has permission to make medical decisions on your behalf if you cannot. Often such a document allows your family rather than the medical system or government make the decisions.

There are many questions. What is a Living Trust? What is probate? How can I avoid probate? What about life insurance? Should I have long term care insurance? If I die who takes responsibility for my underage children? What about making a will myself using online or offline software? What are the rules about organ donation? What about funerals?

As stated earlier, it is smart to contact a local lawyer and have him/her help to sort out these issues. In the mean time it is also smart to do your own homework. To bone up on the issue see these sites:

There are many more sites available. Like everything else on the web you must be willing to gather the info and research what works locally. Do the research. Don't be unprepared.

The Stroke Network, Inc.

P.O. Box 492 Abingdon, Maryland 21009