Why Living Wills Should Anticipate Unusual Scenarios

When people prepare wills, they tend to focus on the most predictable scenarios. However, it's important to think about unlikely events when drafting a living will. An attorney will typically frame the problem in the following way.

The Unlikeliest Events

People often make the mistake of focusing on what could happen. That is fair, and your living will absolutely should account for predictable events. For example, the main reason most people ask an attorney to draw up a living will is to anticipate decision-making in the event of a medical emergency. An advance directive absolutely should assign legal powers in case you fall into a coma, end up permanently debilitated, or need to undergo prolonged sedation for surgery.

However, there are other relevant scenarios that are far less likely to happen. Who gets decision-making power over a business or your finances if you go missing for a long time? It sounds like something out of a bad TV show, but business travelers in certain parts of the world end up as kidnapping victims. The world doesn't stop moving just because a person is unavailable for an odd reason.

What Is at Risk

The other factor is your understanding of what is at risk. As noted, the world doesn't stop in these unusual scenarios. Suppose you maintain an actively managed stock portfolio. If you're going to be incapacitated for months or even years, there could be a huge financial downside to leaving those assets unsupervised. You should also take a similar view of any other major assets you might have, such as retirement accounts, businesses, collectibles, or rental properties.

Similarly, there may be family concerns. If your partner already has long-term medical issues that you pay to handle, what happens to them in your absence? You should take the same view of issues involving minors or adult dependents. Assigning legal powers through a living will ensures that your loved ones will be okay even if the unlikely happens.

Legal Documents

Ultimately, the goal is to spend a few hours with an attorney to draft a set of legal documents that anticipate the unlikeliest of scenarios. A lawyer will strongly encourage you to be as thorough as possible. Particularly, the documents should outline the circumstances that allow someone to take legal powers.

Likewise, you'll want to identify the conditions for reasserting your authority after your situation improves. If a person recovers following a head injury, for example, the will should state when they can resume authority over their life.

Visit a website such as https://www.wrightlawidaho.com/ to learn more.

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