PLAN YOUR LIFE TO THE END: Advance Directives

An advance directive is your life, on your terms.  Documenting your end-of-life wishes whether you are 18 or 80 will help family members honor your wishes and they will not have to make emotional heart-wrenching decisions if you become incapacitated.

Formal advance directives are documents written in advance of a serious illness that state your choices for health care, or name someone to make those decisions for you, should you lose your decision-making capacity. End-of –life care has become an issue of great concern mainly because of the advanced medical technology available to prolong life and because of the growing number of legal cases involving comatose patients whose families wish to withdraw treatment.

The way for you to retain control is to record preferences for medical care in advance and share them with your family, physician and clergyman.  Laws vary from state to state, but in most cases, a patient’s expressed wishes will be honored.

 

LIVING WILL: 

A living will is a document that stipulates the kind of life-prolonging medical care you desire should you become terminally ill, permanently unconscious, or in a vegetative state . Many states have their own living will forms, each with somewhat different requirements. Standard forms are available at book or stationery stores, online or you can make your own form or write a statement, but your state’s witnessing requirements must be adhered to.  South Carolina requires two witnesses. The living will must be signed by the maker, dated and witnessed by two individuals that you know well, but are not related.

 

A Durable Health Care Power of Attorney:

A durable health care power of attorney is another kind of advance directive: a signed, dated and witnessed document naming another individual to make medical decisions for you if you are unable to make them for yourself at any time, not just at end-of-life. You can specify desired treatment or treatment you care to avoid, such as artificial nutrition, surgery and hydrations.  Most states have specific laws concerning health care power of attorneys and provide suggested forms.  South Carolina provides the statutory form, code of laws section 62-5-504 and requires two witnesses. Living wills were developed first and health care powers of attorney were designed later to be more flexible and apply to more situations. Today, it is possible to have both and some states combine them into a single document.

Advance directives may be changed or revoked at any time. Any alterations or revocations should be signed and dated, and copies given to family members, physician, clergyman and attorney, if applicable.

If there is no advance directive by the patient, medical decisions are left up to the family members, physicians, hospital and ultimately a judge. Many times when advance directives are unavailable, the patient ends up spending months or years on life-support machines causing unnecessary emotional or financial distress on their loved ones. By documenting your wishes when you are competent, you can relieve your loved ones of many heartaches, headaches and unnecessary distress. 

Where can one obtain living-will and health-care –power-of-attorney forms?

Forms for all states can be obtained by writing or calling the National Hospice & Palliative Care Organization, 1700 Diagonal Road, Suite 625, Alexandria, Va. 22314, 1-800-658-8898. Forms may also be obtained by visiting the National Hospice and Palliative Care Web site, www.caringinfo.org.

How to Claim Social Security Survivor's Benefits

Social Security should be notified as soon as possible when a person dies.  Some of the deceased’s family members may be able to receive Social Security benefits if the deceased person worked long enough under Social Security to qualify for benefits. You should get in touch with Social Security as soon as you can to make sure the family receives all of the benefits to which it may be entitled.

Please read the following information carefully to learn what benefits may be available:

• A one-time payment of $255 can be paid to the surviving spouse if he or she was living with the deceased; or, if living apart, was receiving certain Social Security benefits on the deceased’s record. If there is no surviving spouse, the payment is made to a child who is eligible for benefits on the deceased’s record in the month of death.

• Certain family members may be eligible to receive monthly benefits, including:

• A widow or widower age 60 or older (age 50 or older if disabled);
• A widow or widower at any age who is caring for the deceased’s child under age 16 or disabled;
• An unmarried child of the deceased who is:
• Younger than age 18 (or up to age 19 if he or she is a full-time student in an elementary or secondary school); or
• Age 18 or older with a disability that began before age 22;—A stepchild, grandchild, stepgrandchild or adopted child under certain circumstances;

• Parents, age 62 or older, who were dependent on the deceased for at least half of their support; and

• A surviving divorced spouse, under certain circumstances.

If the deceased was receiving Social Security benefits, you must return the benefit received for the month of death or any later months. For example, if the person dies in July, you must return the benefit paid in August. If benefits were paid by direct deposit, contact the bank or other financial institution. Request that any funds received for the month of death or later be returned to Social Security. If the benefits were paid by check, do not cash any checks received for the month in which the person dies or later. Return the checks to Social Security as soon as possible.
However, eligible family members may be able to receive death benefits for the month in which the beneficiary died.

In order to begin the claims process, you should call 1-800-722-1213 or make an appointment at your local Social Security office, even if you don’t have all of the papers listed below - your social security office can help you find them, especially if they’re a matter of public record.

To apply for social security benefits after a loved one’s death, you should have or know the following:

• have their death certificate or proof of death (the State of Arizona issues one free death certificate for each family for social security purposes, marked in red, "For Government Use Only")
  
• your Social Security Number, and the decedent's
  
• your marriage certificate if you’re a widow or widower
  
• if you weren’t born in the US, proof of citizenship or lawful alien status
  
• any dependent’s SSN’s and birth certificates
  
• the deceased’s most recent W2s or self-employment tax returns
  
• names and SSNs of any former spouses (yours or the deceased)
  
• bank name and account number for direct deposit
  
• military papers (DD-214)
  

For more information, visit their website at www.socialsecurity.gov or call toll-free, 1-800-772-1213. They answer phone calls from 7 a.m. to 7 p.m., Monday through Friday. 

Important Paperwork Needed for Cremations

Losing a loved one signals the beginning of an emotional grieving process for family members, but it also carries administrative burdens. Families and next of kin are often surprised to find they must complete a lengthy series of paperwork related to notifications, and planning cremation or other funeral services. If you have recently lost a loved one, or are pre-planning or preparing for a loss, expect to handle the following important paperwork:

Death Certificates

The death certificate is arguably the most important paperwork that a family needs in order to move forward with cremation, and it’s also vital for completing the other paperwork that follows death. The death certificate is a document issued by a medical practitioner or medical examiner that certifies that a person is deceased. In total, you may need as many as 10 certified copies of the death certificate - more if the deceased had a large number of accounts or assets. You’ll need it when you notify agencies and debtors of the death.

 

 

Authorization for Cremation

Before cremation can go forward, the cremation provider needs written authorization for cremation from the next of kin or family members with the authority to sign the authorization. Depending on the provider and the arrangements, you may also need to sign additional paperwork, or make certain decisions before the cremation process begins.

 

 

 

Obituary

The obituary is one of the most challenging pieces of paperwork for families to complete after death. The obituary typically includes information such as the date of death, the age of the deceased, the city and state where the person was living at the time of death, and next of kin. If the funeral service is open to the public, the obituary often mentions the time and place of the service. Listing cause of death in the obituary is optional, and is based entirely on the family’s preferences. The obituary may also mention facts about the person’s life, such as where the deceased attended school, where he or she worked, or any noteworthy accomplishments.

Notify Social Security, VA, Life Insurance, and Pension Fund

If the deceased was a beneficiary of Social Security or any pension funds, the family has a legal obligation to notify these organizations of the death. You’ll need copies of the death certificate for each organization or fund. You’ll also want to notify life insurance companies with which the deceased held policies of the death so they can begin processing benefits and payments.

If the deceased was a veteran, you may be eligible for assistance with the funeral, cremation costs, and other benefits. You’ll need a copy of discharge papers, and you will need to provide a copy of the death certificate.

The Executor's Responsibilities

The executor of the deceased person’s estate has additional paperwork responsibilities, such as notifying banks and credit cards, settling debts, and distributing assets. If there is no will or no executor, the local probate court will appoint an administrator who must perform these duties.

Ideally, the death of a beloved individual should be a time of grieving for family members, but these important pieces of paperwork are integral to the process of arranging a cremation, and moving forward after death. Delays in this paperwork delay cremation, may result in failure to receive all the benefits to which the family is entitled, or may have legal consequences.



Published: 04/04/2013
by Dachary Carey

Advance Directives - Put Your Wishes in Writing

If you’re incapacitated at the end of life – unable to speak or communicate with doctors or loved ones – how will they know your wishes for end-of-life care? Would they make the same decisions you would have made for your care? You can answer these questions by putting your preferences in writing now, using advance directives.

The three types of advance directives

You should consider drawing up all (or a combination) of the three main types of directives:

1. Living will – instructions for your preferred level of treatment (for example, whether to have a feeding tube or other forms of life support.)
2. Durable power of attorney for health care – designation of another person to make medical decisions for you if you can’t make them for yourself.
3. Do not resuscitate (DNR) order – whether you want to be resuscitated if your heart or breathing stops.

These directives are legal documents but do not require a lawyer’s assistance. Many examples are available online and can be adapted for your particular situation, then signed by you and notarized. Each state has different requirements for these documents; forms that are specific to your state also can be found online. Most states honor another state’s advance directive.

When are directives used?

Your advance directives are valid only if you are incapacitated and not expected to recover. But in order for them to be followed, your directives must be known to your family and your physician. That’s why it is so important to put your desires on paper and give copies to your loved ones and your health care provider. You can also register your advance directives with your state (a handful of states, including Arizona, California, Idaho, Louisiana, Montana, North Carolina, and Vermont, have free registries) or, for a fee, with the U.S. Living Will Registry.

To get started, talk to your doctor about end-of-life decisions and options. Decide what’s right for you, and talk about your decisions with family and friends. Put your decisions in writing, and ensure those who will be caring for you have a copy.
Advance directives help you make things easier for your family and for yourself at the end of life. Make your wishes clear now.

www.funeralwise.com 

The 25 Documents You Need Before You Die...

 

The 25 Documents You Need Before You Die

The financial consequences of failing to keep your documents in order can be significant. According to the National Association of Unclaimed Property Administrators, state treasurers currently hold $32.9 billion in unclaimed bank accounts and other assets. (You can search for unclaimed assets at MissingMoney.com .)

Most experts recommend creating a comprehensive folder of documents that family members can access in case of an emergency, so they aren't left scrambling to find and organize a hodgepodge of disparate bank accounts, insurance policies and brokerage accounts. 

The infograph above gives a rundown of the most important documents you'll need to have signed, sealed and delivered. (Click on the link below the graphic to see a larger version).