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Planning for Singles - By Tim Barkley |
In our last column, we discussed planning for unmarried
couples. For legal purposes, an unmarried couple is two single
people, even though in their relationship they might see
themselves as much more.
Planning for unmarried couples, then, is planning for single
people with a particular set of expectations about their
future. Planning for singles, whether in couples or
individually, requires sensitivity to several issues.
The law presumes that traditional family bonds take precedence
over other relationships. Thus, sometimes much to the shock of
singles, the claims of parents, children or other more distant
relatives can “trump” those of friends or those who, rightly
or wrongly, consider themselves “more than just friends.”
Because the law requires certainty, it is presumed that those
who want others to make decisions for them will formalize that
delegation. If no such authorization exists, the law presumes
that the natural bonds that have historically produced a
commitment to the well-being of others will influence the
decision-maker to faithfully care for one in need.
This means that, if you don’t want your family deciding about
your medical care, paying your bills, deciding where you will
live, and other crucial matters, you need to put your
intentions on paper, preferably in a formal legal document.
More than that, if you know that family members will differ on
these matters, you need to choose which family members will
provide for your needs when you are helpless to articulate
your choices.
Your planning should involve three documents, at a minimum.
First, you need a medical directive. This instrument will
delegate power to someone you choose, and give that individual
guidance as to what care you wish to receive, and under what
circumstances.
Second, you need a power of attorney. This document gives
someone authority to manage your financial affairs and related
matters.
Third, you need a will. A will details where your possessions
go at your death, and names someone to handle your affairs
and, if appropriate, serve as guardian of your children.
Other documents, such as trusts, might be indicated in your
particular situation. Your planning professional can assist
you in choosing how best to provide for yourself and those you
love.
Don’t depend on chance. Take the time to consider how to
provide for your own needs in the future, and then invest in
carefully drafted legal instruments that will effectuate your
plans.
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Offering
Premier Services in Estate Planning and
Administration, Elder Law, Real Estate and Business
Planning. |
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The
Tim Barkley Law Offices
P.O. Box 1136
Mount Airy, Maryland 21771
(301) 829-3778
tbarkley@barkleylaw.com |
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