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Estate Practices
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Estate planning is something that all individuals should address. Unfortunately, many couples, including LGBT couples, do not realize the importance of estate planning and are generally unaware of what it might entail. Estate planning also goes by other terms like financial planning or retirement planning. These terms are interchangeable. If you have significant assets and property that you would like to manage properly, you should speak to an LGBT estate planning lawyer for guidance and counsel. People generally believe that estate planning is only for rich people and middle-class families do not have to put too much time or effort into it. Some people get nervous when talking about estate planning and are hesitant in seeking advice from …show more content…
If you fail to plan properly, it can add to unnecessary costs and hassles to the survivors and the estate. For example, if you have a bank account only in your name and in the event of your death, your partner or your family members cannot simply walk into a bank and claim the money. The bank has its own rules and will only allow access to the account to the rightful person as clearly specified by the account holder in their will. If there is no will, then the matter is sent to the bank lawyers and a probate is ordered. All this costs a lot of money and in the end, your survivor(s) may get some of the money but the costs of probate can be enormous. It is thus important to speak to an LGBT estate planning lawyer so that you can avoid such complications and hassles for your spouse and …show more content…
Estate planning also helps with the legal dispersion of these assets. There numerous cases where families fight bitterly over property matters and financial assets after the death of a loved one mainly because there was no estate planning. In many cases, arguments and disagreements related to estate result in the severance of a friendship and create animosity, hatred, bitterness and in some cases destituteness. When you consult an LGBT estate planning lawyer and plan your estate and its division properly, you ensure a simple and organized transfer of your assets to your loved ones. LGBT estate planning attorneys can help with estate planning by helping you do the following: 1. Divide all your property and assets the way you want them to be shared and dispersed. LGBT estate planning lawyers can prevent complications for your family in future.Without any type of estate planning, your local government will determine how your property and assets are shared or dispersed. In some cases, the assets may even go to a non-family member or to people who you don’t know or like. In such situations, there is always a risk that actual dependents of the deceased miss out on their
Once I explained exactly what a living will is because some were unaware they were very comfortable with the idea of filling out a living will. The responses that I got all varied to different degrees. My brother stated that he did not yet have a living will but that they are very important to have and everyone should get one. He said that his wishes would be to pretty much “pull the plug in every circumstance”. He absolutely did not want to be put on life support, be artificially supplied with food, or get life sustaining drugs, machines, or other medical procedures. My mother had wishes the same as I would have which is to consider the circumstances and give me a month to evaluate if I have the possibility of making a full recovery. If there is no hope of having a full recovery then I want all life sustaining measures to be stopped because I don’t in any way want to be a burden on
As we get older and delve into the real world, it is important to start thinking about end-of-life care and advance directives. Although it is something no one wants to imagine, there is an absolute necessity for living wills and a power of attorney. Learning about the Patient Self-Determination Act and the different legal basis in where you live is important because it will help people understand why advance care directives are so important. Although there are several barriers in implementing advance care directives, there are also several actions that healthcare professionals can take to overcome these obstacles. These are also important to know about, especially for someone going into the medical field.
The end of life is inevitable. For most it is for seen and understood what ones final wishes are. Living wills provide those issues in question with answers. What if an individual does not have a living will? Who would be in charge in making final decisions for someone who cannot physically make those decisions? The story of Terri Schiavo brings about many questions that represents moral, ethical, and legal issues.
...heir whole families. They are not the only ones going through the process which involves grieving at first, and having direct support from other families can be of huge advantage to them.
The first journal article is about advance care planning (ACP) in palliative care. This is of interest due to several clinical experiences and the realization that many families either ignore the patient’s request for end of life (EOL) care or who have no idea of how to plan for EOL care. By reading the research and understanding the methods used, this will allow for insight into how to implement palliative care into clinical practice across different sites. The authors of this original research are Jeanine Blackford PhD, RN, senior lecturer at La Trobe University in Australia, and Annette Street PhD, associate dean of research and professor of cancer and palliative care studies. According to Blackford & Street (2011), this research is important as there are many countries that “report a low percentage of people who have completed an advance care plan” (p. 2022), and ACP is needed upon admission to facilities that offer palliative care.
It’s hard for a family to go through this and the terminally ill want to save their families from as much heart break as they can.
...tually talked about the subject several times however have not written anything down or come to a conclusion. He feels that since we are his children, we have some say in the matter. My friends can find benefit in Advanced Care Planning by creating such a will incase anything drastic happens to them and they are unable to discuss this matter in the aftermath of any type of accident. My colleagues can find benefit by spreading the word to their families, friends, and communities. As future health care professionals it is essential in maintaining the health of our community and playing an active role in society.
If I name two or more primary beneficiaries to receive a specific gift of property and any of them do not survive me, all surviving primary beneficiaries shall equally divide the deceased primary beneficiary's share unless I have specifically provided otherwise. If I name two or more alternate beneficiaries to receive a specific gift of property and any of them do not survive me, all surviving alternate beneficiaries shall equally divide the deceased alternate beneficiary's
While navigating the abundant and sometimes confusing legal language of advance directives can be time consuming, it would benefit every person to consider their end of life wishes and have some form of written statement available for their doctor and family to understand those wishes. Doing this in advance can prevent emotional anguish, suffering and expensive litigation. In the end, clearly and when possible, written, documentation of a medical directive, a living will, or a chosen health care power of attorney will lessen the burden for the medical professionals and family of a dying or incapacitated person.
THOMAS, K. and LOBO, B., 2011. Advance care planning in end of life care. Oxford: Oxford University Press.
Death is a personal experience and to ensure loved one’s wishes, there has to be the ‘what if’ conversation. It is natural to talk about the possible end with loved ones after marriage and having children. Living wills are obtained and do not resuscitate orders, thoughts of a possible guardian for the children, life insurance, appointing a health care agent, and any other loose ends that will ensure the well being of the family. A health care agent is someone who the patient designates to make medical decisions, if decisions cannot be made generally. The chosen agent should be a person who knows the wishes on the extent of medical care treatment wanted. The appointed health care agent should be someone who is not afraid to ask questions of the healthcare professionals to get information needed to make decisions and be assertive to ensure that wishes are respected. (Healthcare Agents, n.d.).
A funeral is an important event that should be planned with careful consideration, as each person only gets one to celebrate his or her life. People often die expectantly and suddenly leaving any funeral and burial arrangements in the hands of friends or relatives. These friends or family of the deceased may or may not have a good understanding of what the deceased would have preferred in his or her post death arrangements. A person planning his or her own funeral can prevent this guessing game and insure the arrangements are to their specifications.
Retirement comes early for most people. Early meaning that we are not ready for what comes with it. Most people would love to retire today, but unfortunately it is nearly impossible. It takes a lifetime for a person to become financial stable and adequately equip with assets that have been gained throughout someone’s life. Everyone must start young, in fact the sooner the better. Any money, or savings that can be applied today will always come with an enhanced future. So is it worth it to work harder and save now in order to possibly access a pleasant retirement? With out effort now we will be dependent on other sources in our retirement years, sources that may not come through for everyone who needs it. There are three ways to help Americans be better prepared now. These methods include saving money now, and investing in sources with returns. Do not become one of the millions of Americans who fall into government assisted retirement plans by lack of preparation and planning.
A personal financial plan is essentially important for any person and their loved ones to minimize future hardships and difficult financial situations. Short and long-term financial freedom and stability is something an individual wants to have through to the end of his or her life. Financially planning for one’s retirement years is vital so a person does not sustain major unhappiness or unnecessary pain in what is supposed to be the reward for working so hard in their younger years.
It is hard to let someone that is close to us die, but we need to look beyond the fact that you will miss them. You need to think about what is best for the patient and if they are terminal; prolonging their life is not the best thing. It is important to prepare for our own death and make our wishes known. A living will is one way of doing that. A living will is a document explains to your doctor what types of treatment you want if you become terminally ill. A living will only works when you are terminal, it does not come into effect if you are in an accident and need emergency treatment. Some people may feel that a living will is not for them, when in fact everyone should have a living will. Most people assume that a living will means that they are refusing treatment, which is not true. A living will just explains your wishes.