If you don’t tell your loved ones what kind of final arrangements and commemorative ceremony you want when you die, your grief-stricken and bewildered family will be burdened with decisions they never wanted to make.

It’s not an easy subject to talk about, but it’s important that you simplify the process for your friends and family. Otherwise, at a very painful time for them, they may be forced to turn to a professional funeral planner who never met you. The resulting service may or may not be what you would have wanted.

You may want a requiem mass; a 10-plane flyover; Beatles music played throughout; your body donated to the local medical school or put in long-term cryogenic storage. Whatever your wishes, write it down! Include it in your estate planning documents or as a separate document, but do think about it and do leave written instructions.

 POLST is a form – a physician’s order- which states a patient’s preferences regarding end-of-life care. The form is signed both by the patient and the physician…the intent being that the physican and patient have a conversation about goals of care and the patient’s wishes and the patient then makes medically informed choices.

 POLST has been available to all Californians since January 1, 2009 and is found in Probate Code sections 4780-4785. The POLST form is standardized and on bright pink card stock so it is easily recognized by emergency and medical personnel.

 An Advance Health Care Directive  appoints an agent to make health care decisions for a person in the event that he becomes incapacitated and it is recommended that all adults draft one – no matter how healthy they are at the time. On the other hand, a POLST is designed to be used only by patients who are seriously ill and face a significant chance of dying within a year.  It provides explicit instructions regarding the patients’ wishes on decisions such as cardiopulmonary resuscitation, artificial nutrition, or using ventilators. A POLST is intended to complement, not replace an Advance Health Care Directive.  However, if there is a conflict between the two documents, the more recent document will prevail.

 For more information, see Frequently Asked Questions at  www.caPOLST.org

If you have any questions, give me a call (805) 644-4707.

At 20 we didn’t think about having a will. Now we all need to have one. It’s the way we tell our loved ones how we want our property divided. Many people think that if they are married and die without a will,  everything automatically goes to the spouse. However, it depends on factors such as how the property is “classified” (community and/or separate property) and whether or not there are children in line to inherit. Without  a will  the intestacy provision of the California Probate Code kicks in, and the results may not be as intended.

Here’s an example: Let’s say you have a sister. Your dad and stepmother live in the house you were born in, and it’s appreciated and is now worth almost $600,000. The house is in your dad’s name only.  Your dad dies having said that he wants his wife to have the house free and clear, but he didn’t put that in a will. So, what happens to the house?

When  Dad remarried, if he and  Stepmom had  taken title to the family homestead as  joint tenants with right of survivorship, the house would have automatically passed to Stepmom on Dad’s death.   However, since Dad was the sole owner , the house, as separate property, would be passed through the law of intestacy.  As such, his wife would receive 1/3 of the house and you and your sister would split the other 2/3.

A very simple will can ensure that your family inherits according to your plan instead of the state’s.

If your parents don’t have wills, encourage them to call me. I’d be glad to sit with them and discuss their options. Call me at 805.644.4707.

PS If you need a will, you know who to call.

Read the full story in the LA TIMES online

I’m particularly happy to be setting up in concert with three other attorneys who specialize in related fields. Though this is not a law firm in any sense, we will be able to provide counsel in a number of areas.

My work is largely “preventative medicine,” helping folks make plans for contingencies that are more probable in our years of advancing maturity. Come to me with questions about Elder Care, Wills (your own or your parents), Powers of Attorney, Estate Planning, Avoiding Probate and similar issues. If you’re unsure about whom to contact about any personal legal issue. You can come to me and I’ll help you find an expert to help you deal with your concerns.

The other lawyers in the suite are

Deborah E. Jurgensen, who is a general practitioner with an emphasis in Family Law. Ms. Jurgensen is especially adept at handling matters relating to Juveniles and Special Education. For more information about her areas of expertise, see www.jurgensenlaw.com

Victoria Helton specializes in Consumer Bankruptcy and Michael Sudman specializes in Family Law.

In the meantime, please drop us a line and give us your contact information. When we publish, we’ll send you an e-mail that will give you a link back to the most important news.