How Wills and Powers of Attorney Protect You and Your Family

Have you thought about how your wishes would be carried out if you became incapacitated or passed away? These are not topics most people enjoy thinking about, so it is natural to put them off. However, documenting your wishes is one of the most important steps you can take to protect yourself and the people you care about.

For many adults, having legally recognized documents in place provides peace of mind and helps ensure that personal decisions are respected. This can be especially important for individuals whose closest relatives may not share their values, beliefs, or relationships.

In many states, if a person becomes incapacitated without written instructions, decisions about their care may fall to their next of kin. Similarly, after death, family members often have significant authority over funeral arrangements and other final decisions. While many families work together respectfully, not everyone can be certain their wishes will be honored.

This concern can be particularly relevant for members of the LGBTQIA+ community, people with nontraditional religious or spiritual beliefs, atheists, and others whose values may differ from those of their biological relatives. Without proper legal documentation, important decisions could be made by individuals who do not fully understand, support, or respect the person's wishes.

Essential Documents Every Adult Should Have

Several estate-planning documents can help ensure your preferences are clearly communicated and legally recognized:

Living Will

A living will outlines your preferences regarding medical treatment and end-of-life care if you become unable to communicate your decisions.

Medical Power of Attorney

A medical power of attorney allows you to designate someone you trust to make healthcare decisions on your behalf if you are unable to do so yourself.

Last Will and Testament

A last will and testament specifies how you would like your assets distributed after your death and may also include instructions regarding guardianship of minor children and other important matters.

Creating these documents is often simpler and more affordable than many people realize. Numerous reputable online services offer state-specific forms and guidance. One well-known nonprofit resource is Five Wishes (fivewishes.org), which helps individuals document their healthcare and personal care preferences.

A more comprehensive list of documents can offer better peace of mind. These include: Last Will and Testament, Revocable Living Trust, Agent for Disposition of Remains, Living Will (Advance Directive), Healthcare Power of Attorney with HIPAA Authorization, Durable Power of Attorney, Hospital Visitation Authorizations, Tangible Personal Property Memorandum, and Pet Directive. 

Don't Wait Until You're Older

Many people mistakenly believe wills and powers of attorney are only necessary later in life. In reality, every adult age 18 and older should consider having these documents in place.

Unexpected illness or accidents can occur at any age. When they do, having clear instructions and designated decision-makers can help prevent confusion, conflict, and uncertainty during already difficult circumstances.

Protecting Your Wishes and Your Relationships

Unfortunately, there are many documented cases in which family members have disregarded the wishes of an incapacitated or deceased loved one. Partners, close friends, and chosen family have sometimes been denied visitation, excluded from funeral services, or prevented from participating in important decisions.

Individuals in same-sex relationships have historically faced situations in which partners were excluded from end-of-life decisions or funeral arrangements. Likewise, people with minority religious beliefs—or no religious beliefs at all—have occasionally had funeral services conducted in ways that did not reflect their personal convictions.

While laws have evolved and protections have improved in many areas, the most effective way to safeguard your wishes is to have legally valid documents in place and ensure trusted individuals have access to them.

Take Action Today

Without written legal documents, state laws generally determine who has the authority to make decisions on your behalf. By creating a living will, designating a medical power of attorney, and preparing a last will and testament, you can significantly increase the likelihood that your wishes will be respected.

Once completed, review these documents periodically—typically every five to ten years or after major life events such as marriage, divorce, relocation, or the death of a designated decision-maker. Be sure to provide copies to the trusted individuals responsible for carrying out your wishes. It is also recommended to keep your copies in a place where trusted individuals could find them.

Estate planning is not just for the wealthy or elderly. It is a practical way for every adult to protect their autonomy, reduce burdens on loved ones, and ensure their voice is heard when they can no longer speak for themselves.

You can find more specific assistance for your unique needs at the following site: 

LGBTQ+ Planning At this website you can find help with estate planning that is catered to people with LGBTQIA+ identity. They are experts in helping address any unique challenges you may have.

Identify Affirming Deathcare Directives Workbook At this website you can download a free booklet that explains these documents further and helps to clarify what steps you can take to put these types of documents in place. 

By Chaplain David Garner