LIVING WELL Magazine

Virginia Hammerle with Hammerle Finley Law Firm offers advice on protecting your decisions with proper legal documents in SENIOR Magazine

Denton SENIOR Magazine

Fighting Old Age

By: Virginia Hammerle – Hammerle Finley Law Firm

“Nothing in life is so exhilarating as to be shot without result.” The Malakand Field Force by Winston Churchill, published 1898.

Gather your weapons and prepare for war. We are all in the midst of defending against the tribulations that come with old age.

Protect your health. We’re not talking vitamins and exercise here. We’re talking about making sure that people respect your decisions.

You need a Medical Power of Attorney. If you have a stroke or are sedated in an operating room, you need to have a delegate who will make health decisions for you. Not the doctor, not the minister, and maybe not your child or parent. Your delegate needs to know how you feel about feeding tubes, limb amputation, and cancer treatments. Your delegate needs the ability to put personal feelings aside to follow your wishes.

You need a Directive to Physicians. Death is inevitable, so let’s put some controls on human intervention. This form is also statutory, with a place to add as many specifics as you want. Do so.

You need a Designation of Guardian. The laws have rigged guardianship in such a way that you have to pay the attorneys who are trying to declare you incompetent. The protections against a bogus guardianship case are few. Spike their efforts and make your own preferential declaration regarding a guardian. If “they” determine that you need a guardian, at least you’ve chosen the person.

There are actually two types; guardian of the person and guardian of the estate. The powers of attorney described in this article are your first defense against a guardian being necessary. The declaration is the way to control your destiny if a power of attorney does not hold up.

Protect your belongings. Your age makes you a target. Housekeepers and aides can literally imprison you and cut off access to the outside world. Your name is repeatedly sold to marketing houses and scam artists. Even your family members may decide they want to get their inheritance early.

You need a Power of Attorney. Designate someone to act for you on financial matters. You can make it effective immediately, or you can delay so it only takes effect if you are incapable of making your own decisions (think stroke or alzheimer’s). Do it now, while you are able to put together a portfolio of your assets. Your designated attorney-in-fact can pay your bills, make investment decisions, sell real estate and deposit checks. You can specify additional powers in the form, including making gifts.

You may need a trust, a corporation, a family partnership or some version thereof. And especially if you have enough assets, this becomes very worthwhile. Do it right and you may even garner tax advantages. These entities are not for the faint of heart and do-it-yourselfers.

In general: Make sure you use the Texas statutory form for the powers of attorney, designation of guardian and directive to physician. Doctors, lawyers and courts recognize the forms and are more apt to follow them. Draw up your battle plan, and then follow it.

Hammerle Finley Law Firm offers comprehensive legal services to businesses and individuals in Texas.  Call 940.383.9300 to schedule an appointment.