These roles often feel like the most difficult to fill because you are asking someone to look after your safety and welfare as well as that of any pets you may have. Accordingly, each role has unique considerations:
- Agent under a medical power of attorney. This agent makes or communicates your medical wishes if you become unable to make or communicate them yourself. In addition to appointing an agent, consider completing an advance directive or living will with the assistance of your estate planning attorney. These documents can communicate your treatment preferences to your agent and healthcare providers.
You may also wish to prepare a letter of instruction explaining, in your own words, the types of treatment you would or would not want. Although such a letter may not carry the same legal authority as an advance directive, it can provide valuable guidance when difficult or unexpected decisions arise.
If you do not have a suitable family member, you may consider appointing a trusted friend or, where permitted, a qualified professional. State law may prohibit certain individuals, including some healthcare providers or employees of healthcare facilities, from serving unless an exception applies.
- Caretaker for your pet. This person provides a safe and loving home for your pet if you become unable to care for them. Because the law generally treats animals as personal property, simply expressing your wishes may not be enough. Speak with the proposed caretaker in advance to confirm that the person is willing and able to serve, and consider providing funds and written instructions for your pet’s ongoing care.
If no family member or friend is suitable, certain animal welfare organizations, veterinary programs, or foundations may be able to care for your pet or help identify an appropriate permanent home. Any arrangement should be confirmed with the organization in advance and properly incorporated into your estate plan.
When interviewing potential candidates for your personal care decision-makers, consider asking the following questions:
- Do you charge for your services? Some professionals and organizations charge fees, while friends or family members may not. Understanding the anticipated cost allows you to set aside sufficient funds and determine how those expenses will be paid.
- When and how should you be contacted if your assistance is needed? Because you do not know when you will need their assistance and will likely not be the one contacting them, it is important that you have an easy way for someone else to contact them in an emergency.
- Is there additional information or paperwork needed to carry out your role? Confirm that the person or organization has, or knows how to access, the necessary legal documents, contact information, medical preferences, pet-care instructions, and other relevant records before an emergency occurs.
Uncertainty about whom to appoint to these important roles can delay the estate planning process, but it should not prevent you from moving forward. We can help you evaluate your options, identify appropriate decision-makers, and create a plan that protects you and those you care about. Contact us to discuss how to put trusted decision-makers in place before they are needed.