In the hustle and bustle of our daily lives, it's easy to put off estate planning. But as a San Diego estate lawyer, I can't stress enough how crucial it is to have your affairs in order, especially when it comes to healthcare decisions and financial management.
Two key roles in your estate plan are your healthcare agent and your power of attorney. They're your trusted advocates when you're unable to make decisions for yourself. But should these roles be filled by the same person? It's a question I hear often, and the answer isn't always a simple yes or no.
The Case for Combining Roles
- Streamlined Decision-Making: Having one person in charge can make communication easier and decisions faster, especially in emergencies.
- Intimate Knowledge: Often, this person is your spouse or close family member, someone who knows your values and wishes intimately.
- Reduced Potential for Conflict: If your healthcare agent and power of attorney disagree, it can cause delays and stress for everyone involved.
The Case for Separating Roles
- Specific Expertise: Perhaps your spouse understands what type of care you would want if you cannot make care arrangements for yourself but may be emotionally overwhelmed if you are facing a sudden or progressive health crisis, or they may not be so great in handling day to day finances, arguing coverage with your insurance company, or negotiating pricing with care providers. Splitting the roles allows you to choose the best person for each job.
- Checks and Balances: Having two different people can provide an important safeguard. Planning for longer care needs may argue against you receiving care in a more expensive facility which is closer to your loved ones.
- Shared Burden: These roles come with serious responsibilities. Dividing them can ease the burden on one individual.
So, which path is right for you?
There's no one-size-fits-all answer. It depends on your personal relationships, individual preferences, and the complexity of your assets.
Here are some questions to consider:
- Who do you trust implicitly with your healthcare and financial decisions?
- Does that person have the time, skills, and willingness to take on both roles?
- Are there potential conflicts of interest to consider?
- Would you feel more comfortable with a system of checks and balances?
Ultimately, the decision is yours. But as a San Diego estate lawyer, I strongly recommend discussing your options with a professional. We can help you weigh the pros and cons, customize a plan that fits your needs, and ensure your wishes are respected when it matters most.
Ready to start the conversation?
Contact our law firm today for a confidential consultation. Let us help you create a comprehensive estate plan that gives you peace of mind. Call our office at 619-281-1888 to get started.