Sara, an 18-year-old college freshman living in another city from her parents, was energetic and independent. Neither she nor her parents thought much about estate planning, figuring it was something for older adults or people with more assets. Life was busy with school, new friends and part-time work. But one day, everything changed.
While away from campus, Sara was involved in a severe car accident. She was rushed to the hospital with a traumatic brain injury, leaving her unconscious and unable to communicate. Her prognosis was uncertain, and doctors needed to make critical decisions about her treatment, including whether to perform a high-risk surgery to relieve pressure on her brain.
Sara’s parents drove for hours to rush to her bedside. But when they arrived at the hospital, they were met with an unexpected obstacle: Because Sara was an adult, the hospital couldn’t automatically accept her parents’ decisions regarding her treatment because Sara did not have an advanced medical directive (AMD).
This created immediate complications. Sara’s parents believed she would want to pursue every possible treatment option, no matter the risk. But without documentation of her wishes, the hospital was hesitant to proceed without legal clarity. The situation became even more challenging when the hospital’s medical team recommended more conservative treatment due to the high risks involved in surgery.
While Sara’s situation is hypothetical, it is an accurate reflection of heartbreaking situations that regularly arise when young adults fail to have critical estate planning documents.
Why Everyone Should Have a Power of Attorney and an Advanced Medical Directive After Turning 18
Without an AMD:
Many young adults overlook the importance of this legal document, often assuming they won’t need it.
Here’s why this is a significant issue:
- Unexpected Events: Accidents, illnesses or other unforeseen circumstances can happen at any age.
- Incapacity: If a young adult becomes incapacitated due to an injury or illness, they may be unable to make their own medical decisions.
- Family Disputes: Without clear instructions, family members may disagree on the best course of action, leading to stress and potential legal battles.
It’s important for young adults to understand that critical estate planning documents can:
- Appoint a trusted person to make decisions on their behalf.
- Outline their wishes regarding medical treatment and end-of-life care.
- Provide peace of mind for both the individual and their loved ones.
- Provide legal protection to loved ones for the decisions they make.
Without a Power of Attorney (POA):
Without a POA, Sara’s parents had to petition the court to become her legal guardians to make any financial related decisions on her behalf. This process, even though they were her closest family members, took several weeks. During that time, Sara’s condition worsened, and crucial decisions were delayed. The family was also forced to navigate complex legal fees and bureaucracy at a time when their emotional state was already fragile.
Without a financial POA, Sara’s parents struggled to manage her finances. Her rent was due, bills were piling up and her student loan payments were still scheduled to be withdrawn from her bank account. With no access to her accounts, Sara’s parents had to scramble to cover her expenses while awaiting the court’s decision, further adding to their stress.
After several weeks had passed, Sara’s parents were finally appointed as her guardians. Unfortunately, by then, her financial situation had become complicated due to unpaid bills and penalties.
Had Sara completed an AMD and a POA, she could have spared her family the legal hurdles, financial strain and delayed medical and financial decisions. Instead, her parents had to make painful choices under the weight of uncertainty, knowing the outcome could have been different if her wishes were documented.
Don’t wait for the unexpected to leave your family in a difficult position. Contact TREEL today to speak with an experienced estate planning attorney about setting up a power of attorney and advanced medical directive for yourself or the young adults in your life to ensure loved ones can help when it matters most.
