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West Newsmagazine 11-7-18

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FACEBOOK.COM/WESTNEWSMAGAZINE<br />

WESTNEWSMAGAZINE.COM<br />

November 7, 20<strong>18</strong><br />

WEST NEWSMAGAZINE<br />

I 7<br />

Planning for Young Clients<br />

Law Matters<br />

A friend<br />

recently called<br />

me. He has two<br />

daughters in<br />

their 20’s. They<br />

recently got<br />

jobs, and they<br />

were in the process<br />

of applying<br />

for benefits. They were asked about<br />

whether they had a will, whether they<br />

had a power of attorney, and who<br />

should be called to handle medical<br />

emergencies. That got them thinking,<br />

and they turned to their dad for<br />

advice. That was nice.<br />

It may seem strange that a 20-<br />

something single person needs to<br />

think about a will. At that age, dying<br />

is one the last things people think<br />

about, but it makes sense. With a will,<br />

you get to say where your property<br />

goes when you die. You can cover<br />

that with pay-on-death and transfer<br />

-on-death beneficiary designations,<br />

but those can be of limited value, and<br />

people miss things. So a basic will<br />

makes sense.<br />

In addition to saying where things<br />

should go, you get to pick who is going<br />

to go through your stuff and administer<br />

your estate. Even a 20 year old<br />

(or maybe particularly a 20 year old)<br />

doesn’t want just anyone going<br />

through their stuff, even when they’re<br />

dead.<br />

So even if you think you’ve done all<br />

of your planning, it is possible to have<br />

missed something, and a will is a good<br />

safety net. If you don’t have kids, the<br />

will can be very simple, but if you have<br />

kids, you want to say who is going to<br />

be their guardians, and you probably<br />

want to plan to avoid having the<br />

court administer their money sort of<br />

like in a Dicken’s novel.<br />

In addition to a will, a young<br />

person certainly would want to have<br />

a durable power of attorney. A<br />

durable power of attorney (and the<br />

word durable needs to be in it)<br />

allows someone to handle business<br />

matters when you can’t.<br />

And finally, a young person needs<br />

to have a medical directive of some<br />

sort. These do several things. First,<br />

they are a medical power of attorney<br />

to authorize someone to make<br />

medical decisions whey you can’t.<br />

Second, they need to include<br />

HIPAA authority so that a doctor<br />

can talk to your family. Finally, they<br />

need to include a living will so you<br />

can be allowed to die naturally.<br />

So when my friend called and<br />

asked what his daughters should do, I<br />

told them they needed to do some<br />

planning. It can make a lot of difference<br />

if the unthinkable happens.<br />

For more, please see the rest at<br />

www.law-matters.net.<br />

<br />

with estate planning is<br />

<br />

always know what to<br />

expect. Fred has gathered<br />

some of the most<br />

interesting examples he<br />

knows into an entertaining<br />

and eduactional book.<br />

at ae t t is available<br />

to order online at www.lawmatters.net<br />

Fred L. Vilbig is an attorney with over 30<br />

years of experience in the areas of wills<br />

and trusts, small businesses, and real<br />

estate. This column is for informational<br />

purposes only. Nothing herein should be<br />

treated as legal advice or as creating an<br />

attorney-client relationship. The choice<br />

of a lawyer is an important decision<br />

and should not be based solely upon<br />

advertisements.<br />

(636) 537-7884 | fvilbig@shandselbert.com | www.law-matters.net<br />

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