How can I ensure my elderly parent's wishes are respected after they pass away?
When considering how to ensure your elderly parent’s wishes are respected after they pass away, the most important step is to make sure they have a valid estate plan. An estate plan is a set of legal documents that tell the courts and others how to carry out your parent’s wishes after death. The estate planning documents that your parent should have in place to ensure their wishes are respected after death include a will, a living trust, beneficiary designations, healthcare directives, and powers of attorney. A will is a legal document that allows your parent to designate who will receive their assets upon their passing. It also names an executor to handle the distribution of assets, and guardians to care for any minor children. A living trust can help your parent’s estate plan avoid probate court altogether. It allows them to name a trustee who will be in charge of managing their assets. Beneficiary designations are used to make sure that any supplementary retirement benefits, life insurance, or other similar accounts are passed on according to your parent’s wishes. Healthcare directives, such as a living will or health proxy, allow your parent to specify their medical care preferences in the case that they become unable to express those wishes themselves. Finally, powers of attorney allow your parent to give someone they trust the authority to handle their financial and/or medical affairs. In California, it is important to make sure these documents are properly drafted and updated throughout your parent’s life. This ensures that their wishes will be respected after they have passed away. Consulting with an experienced elder law attorney can help you and your family understand your options and make sure all of your parent’s documents are correctly completed.
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