Planning for Life and Love by Deborah A. Stewart, Esq. The Stewart Law Practice, PC

Life and love are two things that go hand in hand for a fulfilling and joyous lifetime—but often get overlooked when focused on the reality of life and death. I recently had the pleasure of experiencing the culmination of life and love as I cared for my dear mother in the final days of her life.

My mother was a gem, and I loved her dearly. She was a nurse by trade and had the most endearing sense of humor that I was always fond of. My mother lost her battle with an ongoing illness and the effects of dementia in June of this year. While I was prepared practically, it was (and is) the emotional toll that I struggled with then and now.

Fortunately, I had her “documents” in order, meaning she had a Power of Attorney and Advance Directive in place. Practically, those documents made it easy for me to navigate her care and handle her finances to pay for that care. Without them, I would have been lost, as mom could no longer speak and barely (if at all) recognized me shortly before her death. What I know personally now, and what I have long told my clients, is that having certain legal documents in place allow you to focus on your loved one and maneuver through the grieving process without having to endure unnecessary hurdles along the way.

As I get ready to celebrate my first holiday season without my mother, I am grateful that I could spend time with her and hold her hand as she met Jesus. I did not have to contend with a legal process (such as a Guardianship/Conservatorship) to manage her affairs and could focus solely on her comfort.

While you can, I encourage anyone reading this article to make sure they have at least the basics of an estate plan in place – a Will (which is effective only at death) and a Power of Attorney and Advance Directive for Healthcare (both of which are effective during your lifetime). Depending on your circumstances, a Trust may be a better tool to have along with a Will if you are concerned with probate avoidance, but the bottom line is to have a plan.

Encourage your family members and friends to have a plan. It’s not always about life and death, but life and love!

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