November 2018 Question of the Month

What is the best legal gift you can give your family?

Beth’s answer

A health care proxy and power of attorney.

Two examples:

  • Mrs. H’s 32-year old son completed his MBA in economics and was employed full time by a reputable financial company. Then he suffered a traumatic vehicular accident that resulted in brain injury and a coma-like medical condition called a persistent vegetative state.
  • Mrs. D’s 28-year-old daughter was employed as a nurse in a large urban hospital and completed her Master’s degree in advanced nursing. She was a victim in a mass shooting while attending a concert. Her injuries resulted in a traumatic brain injury and permanent lack of cognitive capacity.  

In both of these cases, the legal expenses and court fees of a guardianship proceeding, called Article 81, are costly to adjudicate these adults as incapacitated.

These costs could have been avoided if the parents had already arranged for their children age 18 and older to complete a health care proxy (see my June 5, 2018 blog for a free resource) and to meet with a qualified lawyer to prepare a power of attorney for financial management in the event of incapacity.

This affordable legal work is far less expensive than the legal fees and trauma that a family will experience if a legal guardianship is needed in Supreme Court.

My office has an affordable legal package for young adults to accomplish these legal objectives. Please call my office for a consultation today.


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