WLG On Our Mind

Sunday, June 9, 2024

Family Tensions and Healthcare Decisions: How a San Diego Will and Trust Lawyer Can Help

Sadly, family feuds are more common than we'd like to admit. If you're remarried and your adult children don't get along with your new spouse, it's natural to worry about potential conflicts during a time when support should be the priority. These tensions can become incredibly stressful and even more so when a family member experiences a health crisis or is beginning to come face to face with the challenges of aging.

When Conflicts Turn Ugly

We've seen it all: disagreements about who can visit when, arguments about medical care, treatment options, and even outright hostility toward partners during hospital and rehab facility stays. These battles take an emotional toll when you want to focus on healing. While a will or trust can't magically erase family tensions, legal tools can help maintain order and ensure your wishes are respected.

How an Estate Plan Can Help

Here's how a San Diego will and trust lawyer can help minimize disruptions during a health crisis:

  • Appointing a Healthcare Agent: We can help you choose someone you trust completely to make medical decisions if you become incapacitated. This could be your spouse, an adult child, or a trusted friend. This person will have the legal authority to override any conflicting opinions within your family.
  • Advance Healthcare Directives: We’ll walk you through the process of creating clear instructions regarding your treatment preferences (e.g., life support, pain management), ensuring your wishes are followed, regardless of who is bending your Doctor’s ear. The goal is to cut out as many “gray areas” about your wishes as possible so there is less to discuss or argue over.
  • Medical Information: Sometimes family members just want to know what is going on. A HIPAA information release consent can empower family members to speak directly with your medical providers without giving those family members the power to tell your physicians what to do.
  • Limiting Access: Sometimes, it's better to have fewer "cooks in the kitchen" when critical decisions need to be made. Your advance healthcare directive can also list anyone you do not wish to have speak on your behalf or have access to your medical records if that is a concern.

Getting Help with Family Conflict

Don't let family drama overshadow your health and well-being. If you have concerns about potential conflicts, contact our San Diego will and trust law firm. We can help you create a plan to minimize family conflict that puts you in the driver's seat to get the health and personal care you need and want (and none that you don’t.)


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