By Elliott Topkins, Esquire
9/1/11

A client came into my office at Braintree with a truly sad story. Her mother, age 71, had suffered a serious stroke, and would more than likely be incapacitated for the rest of her life. The sadder part of the story was that other than the stroke, her mother is in excellent health, and while it is unlikely that she will regain the ability to speak or write, she has a very good chance of living for an extended period of time.

My client’s question was what can she do now, so she can manage her mother’s affairs. Her mother had not executed any of the estate plan documents that would have helped during this crisis, like a will, a health care proxy, a HIPPA form, and, especially, a durable power of attorney. Without those documents in place, I told my client that her only option would be to file a petition with the Norfolk Family and Probate Court to become her mother’s legal guardian. This would be time-consuming and expensive, both in the short run, and over the period of years that her mother lived, because she would be required to file annual accounts which described her activities as guardian.

Probably all of you know of situations where a little planning in this area, and a little forethought, could have forestalled expensive legal proceedings, and worse than that, family disruption with the age-old statement “Mom would have wanted this” or “Dad would have wanted that.”

The point of this post is to urge all of you to take some positive steps as an “after Labor Day” resolution to make sure you do not leave your family and loved ones in the really difficult situation her mother has left her in. If you have wills, and other estate plan documents, dust them off to see if they reflect your current wishes. Perhaps, people you have designated as fiduciaries have left the area, or passed away, or you no longer have strong relationships with them. Perhaps, your children have grown up just the way you had hoped they would, and they are more than qualified to assume the reins of managing your affairs when you are no longer able, or you pass away.

Really, what are you waiting for? The internet and advanced software programs have made putting together estate plans much more manageable. I have a four page questionnaire which I email to clients to complete as best they can. With that information, I present a proposal and a budget. If my client and I agree, I can get documents in front of him or her in a week or so. The whole process can be managed in less than a month.

Like every other part of my practice, I will gladly sit down with you (at your home or in my office in Braintree) to discuss your situation at no obligation to you. You will be surprised how good you feel once you have appropriate estate planning documents in place.

(Mr. Topkins is an attorney with Topkins & Bevans, Braintree Executive Park, 150 Grossman Dr., Braintree, MA 02184. His blog can be found at http://realtorsresourceblog.com. His telephone number is 617/596-3184 and his e-mail address in etopkins@topbev.com.)