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Women and the Law

    Every woman plays a variety of roles in her lifetime.
     For example, depending on her unique circumstances, a woman may be a daughter, an aunt, a wife, a friend, a mother, a grandmother or even a great-grandmother. Traditionally, especially in her family relationships, a woman is likely the nurturer or caregiver. While she is busy meeting the needs of others, a woman may forget to take care of her own needs…even needs as fundamental as her own Life & Estate Planning. 
     Who will take care of her, the important people in her life and her property if she is unable to do so? Who will be the caregiver for the caregiver? What plans have you made?

Life Planning
Would your loved ones be prepared to take care of your legal and financial responsibilities if you were incapacitated? The law says every adult American must make their own personal, health care and financial decisions. Certainly the daily news and our own personal experiences tell us that a serious injury or illness can strike anyone at any time.
     Without proper Life & Estate Planning your loved ones may be unable to automatically step in and handle routine legal and financial matters for you. For example, regardless of their relationship status to you (e.g. this includes a spouse), no one can sign your name to a tax return, a real estate deed or the back of a check unless you have given them authority to act on your behalf through appropriate legal documents.
In addition to legal and financial matters, your loved ones may be barred from access to your medical information, verbal or written, without your prior authorization because of the legally-protected confidential relationship between patients and their physicians. 
     Note: Access to such medical information is crucial for your loved ones to advocate on your behalf regarding important life and death treatment decisions, to include obtaining second opinions or transferring you to a new hospital.
In the absence of proper planning, your loved ones may be forced into court to obtain the legal authority required to care for your personal, health care and financial needs. This likely will be an expensive and inconvenient experience for them. 

Estate Planning
If given the choice of planning for their own death and anything else, most normal people would choose anything else. It is just human nature. Nevertheless, no one wants to be remembered for leaving a legal and financial mess for their loved ones to sort out. What, if any, legal arrangements have you made? How would you provide for your loved ones, charities, or pets if you are no longer around to provide for them?
     As a rule of thumb, surviving spouses are particularly vulnerable during the first year they are widowed. Many grief counselors advise against making any major life decisions during that first year. Feelings of grief can be expressed in many forms, to include feelings of loneliness and abandonment. As a result, many surviving spouses remarry before they probably should. If your spouse were to remarry, will your Estate Plan protect your assets for them in the event of a subsequent divorce or for your children should your spouse predeceases his next spouse?
     Regardless of whether you are married or single, if you have minor children, what legal arrangements have you made for their care in the event they become orphans? Who will provide a safe and secure home for them, as well as help develop their moral character? Who will manage their inheritance and protect it for them and from them? The failure to address these issues may negatively affect your children well into adulthood.
     Even if you have no children, you likely have definite ideas about who should inherit and who should not inherit your assets. Whether these objects of your bounty are humans, animals, birds, fish or reptiles, only proper Estate Planning can fulfill your objectives. In the absence of an Estate Plan containing your instructions, state law will control. In most instances, these laws would distribute the estate assets to your surviving next-of-kin, which may differ greatly from your wishes. 

 

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