The chance
that the state's mandate matches what you would do is slim. For example,
state law usually does not recognize the different needs of your children
nor their stage in life.
Most families
have children with unequal needs, capabilities and requirements for care
based on their age, health, education and growth. This is particularly
true in blended families. If you have minor or disabled children, do you
really want the probate judge appointing their guardian?
Chances are
you have definite ideas about who you would like to raise your children
if you can't do it. But that won't happen unless you make your choice
known in a legally binding document.
However, estate
planning encompasses much more than a will. You should also consider a
durable financial power of attorney and medical power of attorney. In
the event that you become incapacitated, either mentally or physically,
these documents authorize someone you trust, such as your spouse or adult
child, to act on your behalf.
You may also
want to consider a living will, a document that says you want the right
to die a natural death free of all costly, extraordinary efforts to maintain
your life when it can only be sustained by artificial means. It makes
such decisions easier on the doctor, the hospital and your family. Used
in conjunction with a medical power of attorney, this tool can spare your
family a painful, drawn-out and costly process.
It may all
sound overwhelming at first, but there are many professionals trained
and qualified to help you make your estate planning effective. Check with
your state or local bar association for a local Certified Estate Planning
attorney, or try the state CPA association.
The National
Association of Estate Planners and Councils (NAEPC) offers a list of members
who have earned the special designation AEP (Accredited Estate Planner).
Estate planning
is appropriate at any stage of life if you don't prepare for the inevitable,
you may create needless heartache and loss for those left behind.
Your estate
plan should allow you to give what you want to whom you want to receive
it, the way you want them to receive it and when you want them to receive
it. Your estate plan should save every tax dollar, professional fee and
court cost that is legally possible to save. Use good estate planners
to ensure things work the way you want.
For more information
on the National Association of Estate Planners and Councils, or to find
an Accredited Estate Planner (AEP) near you, visit www.naepc.org or call
NAEPC toll-free at (866) 226-2224 for suggestions.
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