Law & Finance

Law & Finance

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Legal Issues: Planning Ahead to Protect Your Family

Legal Issues: Planning Ahead to Protect Your Family

While it is uncomfortable to think about, you should have a plan for what happens to your family after you die or if you are badly injured. There are legal forms that can make sure your wishes are clear for who will care for your family and what will happen to your finances. This is especially important for families that have loved ones with disabilities, so your loved one continues to get the care they need because of their disability.

To plan for after you die, you should have these tools. Both of these documents are important, whether you have children with disabilities or not:

  • A Last Will and Testament gives your wishes of who you choose to care for your disabled child or any other wishes you have for after you are no longer living.

  • A Trust explains what you would like done with your finances after you die.

When writing your will, you need to decide who will care for your children if they are under age 18. These caregivers are called guardians. People usually ask close family members or friends to be a guardian. It’s important to ask whoever you choose if they are willing to serve in that role. The role this person plays is also called a guardianship.

You should share brief information and issues you’d want your guardians to know about your child. One way to do this to keep a notebook or an online file with medical and other information, just in case they need it.

Make sure your lawyer includes guardians on all of your legal documents. This includes your will and any other legal documents you have written. Guardians should also be listed as emergency contacts on school forms.

Other forms you should have are called Advance Directives. Advance directives are forms that are written with the help of a lawyer that must be followed by law. These documents explain how you want certain parts of your life handled while you are still living:

  • A Healthcare Power of Attorney, or Health care POA, is a form that tells doctors who should make healthcare decisions for you if you are too sick to decide for yourself. Usually this is a spouse or close family member.

  • A Living Will is a document that tells doctors if you do or do not want extra effort made to save your life if you are seriously ill and not conscious. For example, if you were in a coma or you are declared brain dead, whether they should keep trying to keep you alive.

  • A Financial Power of Attorney lets another person handle financial matters for you. The people listed in these documents are known as your agents. Agents serve only during your lifetime.

All of these documents can be updated and even cancelled at any time during your life, but not after your death.

Ohio allows for special powers of attorney for relatives such as a grandparent or other family member to act on your child’s behalf for school or medical appointments.

Each state has their own laws about advance directives. If you live in a state other than Ohio, a quick internet search should bring up your state’s bar association website, Legal Aid offices and any other state disability organizations that can help you find an attorney in your state. You can also ask family members, neighbors and friends if they can recommend someone.

Finally, be careful if you are thinking about using a do-it-yourself website for legal documents such as trusts and guardianships. These websites are not allowed to serve as your attorney, and are not allowed to advise you or answer questions relating to your family’s situation or what your state’s laws require.

Legal documents for families, especially families with individuals with disabilities, can be complicated to draft. State-approved attorneys with experience in Special Needs Law are able to understand exactly what your family needs and can create documents for you that will hold up legally in your state.

Spending the money to use an attorney is the best way to make sure your needs and wishes can be carried out without any legal problems or confusion in the future. If you have a low household income, look for a local Legal Aid office that can help you. Legal Aid is a nonprofit that offers attorneys for free or at a low cost for people who meet their guidelines for low-income.

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