Planning for Incapacity: Four Essential Documents

By Wells Fargo AdvisersSubmitted Content
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Preparing for worst-case scenarios brings peace of mind during the best of times. Here’s why.

In 2003, Tom was a healthy 43-year-old approaching the height of his earning power and living the happiest days of his life. He had a great job that fulfilled him, a loving wife, and he was a scratch golfer to boot. Life was good.

One day, as Tom was walking through an airport in Denver, his coworker noticed Tom was weaving as he walked and slurring as he spoke. They were on their way to a business meeting when Tom collapsed and had a massive stroke that no one – including Tom or his doctors – ever saw coming.

Did you know that nearly 41 percent of long-term care services provided in the United States go to people under the age of 65, according to a 2013 Georgetown University Long-Term Care Financing Project?

Everyone needs to plan ahead for such a risk of becoming incapacitated. And if you have a spouse or partner, you need to plan together. We all anticipate mental and physical decline when we’re much older, but anything can happen in the blink of an eye long before we reach old age. No one wants to think about it, but the smartest of us know preparation beats denial every time.



There are four essential documents you should have in place today and that you and your spouse or partner should review at least annually.

Durable Power of Attorney

A durable power of attorney gives the person that you designate the authority to handle your financial affairs. It’s valid immediately after you sign it and will continue to be effective if you become incapacitated. It can provide some, but not all, of the benefits of a revocable living trust.

Healthcare Power of Attorney

A healthcare power of attorney designates a trusted relative or friend to make decisions regarding your medical care if you are incapacitated and unable to make such decisions yourself.

Living Will

A living will provides direction to your physician regarding your wishes as to whether or not you want to be kept artificially alive with medical treatment if there is no reasonable chance that you will recover.

A Will

In the event of your death, a will provides the security of knowing that you have left behind a plan for the distribution of your assets. It’s also often used to nominate an individual to serve as guardian of surviving minor children.

Talk to your financial adviser about who you need to work with to create or update your four essential documents. In addition, you can discuss your entire estate planning strategy and learn about ways we can help make sure your assets end up where and with whom you want them.


Wells Fargo Advisors does not provide tax or legal advice. However, we would be happy to work with your chosen legal and tax advisors to create a strategy that’s right for you. This article was written by Wells Fargo Advisors and provided courtesy of Jonathan Buoni in Northampton, MA at 413-585-1432. Investments in securities and insurance products are: NOT FDIC-INSURED/NOT BANK-GUARANTEED/MAY LOSE VALUE Wells Fargo Advisors, LLC, Member SIPC, is a registered broker-dealer and a separate non-bank affiliate of Wells Fargo & Company. ©2014 Wells Fargo Advisors, LLC.  All rights reserved.



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Williamstown Planners OK Preliminary Habitat Plan

By Stephen DravisiBerkshires Staff
WILLIAMSTOWN, Mass. — The Planning Board on Tuesday agreed in principle to most of the waivers sought by Northern Berkshire Habitat for Humanity to build five homes on a Summer Street parcel.
 
But the planners strongly encouraged the non-profit to continue discussions with neighbors to the would-be subdivision to resolve those residents' concerns about the plan.
 
The developer and the landowner, the town's Affordable Housing Trust, were before the board for the second time seeking an OK for the preliminary subdivision plan. The goal of the preliminary approval process is to allow developers to have a dialogue with the board and stakeholders to identify issues that may come up if and when NBHFH brings a formal subdivision proposal back to the Planning Board.
 
Habitat has identified 11 potential waivers from the town's subdivision bylaw that it would need to build five single-family homes and a short access road from Summer Street to the new quarter-acre lots on the 1.75-acre lot the trust purchased in 2015.
 
Most of the waivers were received positively by the planners in a series of non-binding votes.
 
One, a request for relief from the requirement for granite or concrete monuments at street intersections, was rejected outright on the advice of the town's public works directors.
 
Another, a request to use open drainage to manage stormwater, received what amounted to a conditional approval by the board. The planners noted DPW Director Craig Clough's comment that while open drainage, per se, is not an issue for his department, he advised that said rain gardens not be included in the right of way, which would transfer ownership and maintenance of said gardens to the town.
 
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