Tacoma Washington Elder Law Blog

Many Washington residents do not look forward to the estate planning process. This is because there are a lot of stressful elements to it. For instance, an individual may not know which documents to include or who to leave money or other assets to. It can also be stressful for the simple fact that no one wants to think about dying.

However, there are ways in which individuals can make the estate planning process an easier one. One possible strategy is to seek the help of an attorney who may be able to provide insight into how it should be structured and how to structure it in accordance with applicable laws. Once the plan is created, the attorney can help review it to ensure that it still does what a client wants and needs it to.

People in Washington should not put off creating an estate plan just because they have no children or close relatives. An estate plan does not just establish how assets are to be handled after a person's death. This document also addresses what should occur if individuals are unable to make decisions for themselves.

Adults should create an estate plan so that the proper legal documents are in place in case they become incapacitated and are not able to make decisions for themselves. Necessary documents can include a durable power of attorney for financial and legal decisions and an advanced directive for medical care. Without these legal documents, there are certain decisions that cannot even be decided by a person's spouse. It will also be necessary for a person's relatives to have to go through guardianship proceedings in court in order for someone to be appointed to make decisions on the incapacitated person's behalf.

We know that it is not easy to have the conversation with your parents about estate planning. It is not hard to figure out because so many people are not having the conversation. However, for those who are able to sit down and have this very important conversation with their parents can find tremendous benefit.

The barriers that can keep this conversation from happening are understandable. Most often, you may believe it will look greedy and selfish by trying to force a conversation about your parents estate planning. You may be uncomfortable because your family may have never spoke on the subject of money before. You may be like some people who just do not like talking about what will happen when a member of the family dies.

Writing a will or thinking about what happens during a serious medical crisis are easy things for people in Washington to put off. People typically find these uncomfortable topics difficult to raise with their loved ones, but failing to put wishes into writing could inflict turmoil and financial burdens on close relatives when someone dies intestate or suffers an event that leads to incapacity. Although expressing final wishes about the distribution of an estate remains important, everyone regardless of age or wealth could benefit from preparing a durable power of attorney.

A power of attorney document allows a person to grant a trusted individual the legal ability to manage property, money or health care under certain circumstances. Such a document could enable the trustee to make sure that someone's bills get paid on time during a medical crisis or access investments to pay for critical medical care.