Lights, Camera, Action -- Making a Wise Selection for Your Power of Attorney for Health Care

Lights, Camera, Action -- Making a Wise Selection for Your Power of Attorney for Health Care

By Melinda Gustafson Gervasi

September 29, 2023

Hollywood sets are dark at the moment because of the SAG-AFTRA strike, but you can still cast your agent for Power of Attorney for Health Care in your estate plan.  Whether you are creating the document for the first time or completing a much-needed update, here are a few traits I think make for a high-quality power of attorney:

1. An advocate -- who will champion your needs in today's health care system?
2. Comfortable with Medical Jargon -- who will not shy away from medical speak and lingo?
3. Follow Your Wishes -- who will speak for you rather than fly into town and start advancing their desires and wishes?
4. Has the Time -- who can set aside a large portion of their life to pick-up managing your health care needs?

Once you have this person in mind, and ideally a back-up, figure out if you can audition them for the role.  Have they provided this service to another family member or friend?  If so, how did it go for them and for the patient?  Throughout the years I have had clients return to my office after witnessing the person they had nominated to be their power of attorney for health care provide the service for another person.  Sadly, it did not go well, and my client realized they needed to swap out the players.

Author's family at a Star Trek Convention, Chicago, 2022

Remember, estate planning is about taking control.  You, and only you, can make the best determinations about who should be doing what in the area of your health, finances, and ultimate death.  A blog is meant to spark thought and discussion, it is not legal advice.  Please consult an attorney licensed in your home state for advice specific to your unique situation.  Thank you for reading.  Receive updates on future posts by clicking Follow in the upper right-hand corner for this page.  Be well, and thanks for reading.

Is the Private College Named in your Will Still Operating?

Is the Private College Named in your Will Still Operating?

By Melinda Gustafson Gervasi

September 22, 2023

September brings apple picking, bonfires and back-to-school rhythms.  Sadly, for several private colleges in the US, the hallways remain empty due to permanent closures.  Here in my home state of Wisconsin, Cardinal Stritch University, a small private Catholic college in Milwaukee, closed operations after 85 years of educating young adults. According to CNBC, since 2016, 91 US private colleges have closed, merged with another facility, or announced plans to stop operating.  More than half of those announcements cam after the 2020 pandemic began.

Many of my clients name a college in a will as a recipient of a specific gift or a contingent beneficiary. Recent headlines suggest those clients should review their plans and check-in with the higher education entity named in the will.  Is it still operating?  Are there plans to merge or close?  What is the organization's future?

When we are strategic with your philanthropic giving it can make a huge difference in our world.  To be effective we should monitor the entities we have named, assess its need, and consider its future sustainability.

Fall at Glenn Stephens Elementary School, Madison, WI.  Image by M. Gustafson Gervasi

Never miss an update, click Follow in the upper right-hand corner and enter your email to receive future posts.  Remember that a blog is not legal advice; it is meant to spark thought and discussion.  Please consult with a lawyer in your home state for advice specific to your unique situation.  Thank you for reading, be well!

From Good to Great, Where to Keep Your Power of Attorney for Health Care

From Good to Great, Where to Keep Your Power of Attorney for Health Care

By Melinda Gustafson Gervasi

September 15, 2023

The green illuminated numbers on my alarm clock glowed 1:57 am; nearly 20 years later, I can still see the time in my memory and recall the groggy phone call I had with the University of Wisconsin Hospital and Clinics hospitalist who was calling in the middle of the night.  

"Is this Melinda Gustafson Gervasi" barked the voice on the other end of my phone.

"Yes" said with a rising tone indicating I wanted to know who was calling.

"This is Doctor [a name I do not recall] with University of Wisconsin Hospital and Clinics calling about your mother, Sharon." She then launched into rapid fire details of my mother's deteriorating health condition, ending with declaring her incapacitated and asking me to consent to an emergent procedure.

In less than a minute the power of attorney for health care that had been added to my mother's hospital medical file was pulled up, activated, and I was speaking for her when she could not.  It was seamless and perfect.  To this day I give thanks that the paperwork was on file with my mother's hospital of record.  Had the only copy by stored at her home, I might still be searching for it to this day.  My mother had a warm smile and kind eyes, but she was not Type A and organized.  Hunting for the paperwork while she was gravely ill would have been a nightmare.

Being an estate planning and probate attorney, I knew back then that having a Power of Attorney for Health Care was good.  Having one that can be easily accessed is great.  From both my personal and professional experience, I believe a Power of Attorney for Health Care should be on file with your:

• Primary agent
• Back-up agent(s)
• Primary Care physician and clinic
• Hospital of record (the hospital your health insurance favors)
• Any medical specialists you work with

Also, for added measure I suggest keeping a list of where it is on file so that if and when you update your document, you can give all of those entities the update version.  It's a great way to avoid confusion if different documents from different times surface.

Author with her mother, Sharon.  1974

Click "follow" in the upper right-hand corner to receive updates on future posts.  Remember that a blog is meant to spark thought and reflection.  It is not legal advice.  Please consult an attorney licensed in your home state for information specific to your unique situation.  Thanks for reading! 

Back-to-School Mode: Eight Items to Review in Your Estate Plan

Back-to-School Mode: Eight Items to Review in Your Estate Plan 

September 8, 2023

By Melinda Gustafson Gervasi

Image by M. Gustafson Gervasi, 2023

The final whistle at the outdoor pools here in Madison, Wisconsin blew earlier this week and school bells rang summoning students back to the classroom.  Whether your household runs on an academic calendar or does not, it is a good time of year to pull out your Estate Plan and complete a quick review.  Is everything up to date?

1. Do you know the location of your original will and or living trust?  If you created a plan but cannot find it, it is as though you have no plan;
2. Is your Power of Attorney for Healthcare on file with your primary care physician and hospital of record?  If not, contact their patient records department and find out how to place it on file for easy access if you are suddenly too ill to pull it out of your own files;
3. Do you have an easy access list of phone numbers for the important people to call in the event of your illness or passing?  The White Pages are not coming back to style, and tracking down people in the age of cell phones is a growing frustration;
4. Review (or created) a list of your assets and or libabilities.  Just a snapshot of what you have and where will be a tremendous help to your Power of Attorney for Finances or Personal Representative (Executor in some states);
5. Leave details on pet care for anyone who has to step in for you in a pinch -- medications given, special diet, walking/grooming routines, name of a long-term care person, etc.
6. Do your beneficiary forms say what you think they say?  In most cases, what you have written on your beneficiary form happens no matter what your will or living trust says;
7. If you are married, is your spouse listed as a co-owner on your personal residence?  This is not always the case for properties bought prior to marriage or inherited; and
8. Complete forms (state specific) stating who you wish to be in charge of a funeral/burial/cremation.  In general, a Power of Attorney for Healthcare ends when you die -- make sure the people you want acting are empowered to do so.

Remember, a blog is meant to spark thought and reflection -- it is not legal advice.  Please seek legal counsel from an attorney licensed in your state of residence.  Thanks for reading, and you can hit "follow" in the upper right hand corner to make sure you receive future posts.  Be well, and enjoy the final days of summer until the Fall Equinox arrives later in September.