Kaiser packages the Advance Health Care Directive in a nice booklet with instructions and examples but the form really isn't that hard to understand and fill out. I didn't think it would be that difficult to find on the Web but I was surprised. The California Hospital Association offers their version in pdf format as do several hospitals. The California Medical Association will send you one for $5 and two for $7.50. And NoLo Press which, I think, was founded on the idea that we don't need lawyers, just a little help with the right forms, offers their package for $25.
While doing the research for this post I came across a lovely site sponsored by Coda Alliance.
They explain the origin of their name in this manner:
They also have a version of the Advance Health Care Directive but other information as well to help those facing life and death decisions.In music, a coda comes at the end of a piece of music, summing up the preceding themes and bringing the piece to a satisfactory close.
In life, Coda Alliance is a community-based, not-for-profit organization with a similar purpose, helping individuals and their families plan and prepare for the concluding passages of life.
Part of my job is preparing trusts (and the myriad of documents accompanying them), wills and powers of attorney. It's striking how many people come into our office with the process done incorrectly... trusts formed but no assets transferred to them and the like. It bothers me that estate planning (particularly to best avoid tax consequences) is so complicated. It seems unfair that missteps can cost your heirs tremendously in time and effort. It seems like an inherently unfair system that those who pay for legal help will likely make out better than those who try to do it themselves.
ReplyDeleteThe Advance Health Care Directive is a document that we distribute copies of for our estate planning clients. It’s extremely important to be sure that those you appoint to manage your care clearly understand your wishes and will be able to make those difficult decisions. But this document is very limited. It only designates someone to manage your health care, not your financial affairs in the meantime, which is where a power of attorney comes into play.
Really, these estate planning and health care decisions should be made long before you think you will ever need them. Once you have kids, you need to have a will to designate guardians and once you have significant financial assets, planning with an attorney and/or CPA to avoid excessive taxes is probably a good plan. Having neither, I just prep them for other people. :-)