Divorce is scary, unpleasant, and, for some, painful. It’s an extremely
difficult time emotionally for the entire family. I work with divorcing
couples all the time who share their sadness, frustration, and unhappiness
with me. Divorce can be a complicated and confusing process.
When divorcing, there is a lot to do, and there are many important decisions
to make. Today, with all of us dealing with a scary medical crisis surrounding
COVID 19, whether you are divorcing or not, it’s important to get
your estate in order.
With everything that’s going on in our medically unpredictable world,
if divorcing, it’s important to take care of your healthcare proxy,
power of attorney, and will!
1.) HEALTHCARE PROXY:
Do you have one? If you don’t, you need one. You should designate
who will make important medical decisions for you if you are unable to
do so. If you are divorcing and already have a healthcare proxy, you may
need to update it. After all, you probably don’t want your angry
spouse making medical decisions for you! Do you?
2.) POWER OF ATTORNEY:
A power of attorney (POA) is a legal document giving one person (the agent
or attorney-in-fact) the power to act for another person (the principal).
The agent can have broad legal authority or limited authority to make
legal decisions about the principal's property, finances, or medical
care. If you don’t have one, you should consider having one drafted.
If you are divorcing and you and your spouse have executed powers of attorney,
you need to reconsider. If it is a durable power of attorney, it gives
your spouse access to all of your accounts and assets now while you are
competent. If you are divorcing, and it’s not amicable, this should
concern you. I often suggest clients revoke that power of attorney and
designate someone else.
3.) YOUR WILL:
Do you have a will? If not, you should have one drafted. A will, sometimes
called a “last will and testament,” is a document that states
your final wishes. A will can be used to leave instructions about what
should happen to your property after you die.
If you are divorcing you should update or execute a new will. You don’t
want your current spouse in charge of your estate. I guide clients all
the time about the importance of having a will and the need to update
or make a new one if a divorce takes place.
If you are thinking about divorce and have questions about the divorce
process, making a new will, your healthcare proxy or power of attorney, call me.
FREE 1 HOUR CONSULTATIONS are
discreetly AND conveniently conducted virtually to reduce risk.
I look forward to speaking with you!
Stay healthy and safe!
Call New York Divorce Attorney, Lois Brenner now to book your free consultation.