Choosing a health care proxy, power of attorney . . .

I’d like some opinions, humble or otherwise. :slight_smile:

This is a question I’ve not been able to find a good answer for, and maybe there isn’t one.

I’ll be 68 this month, have a decent net worth, I’m single, no kids, and I have no will or healthcare proxy.

My problem is: Who do I ask to carry what I consider to be a substantial burden? I got all the paperwork from an estate lawyer some months ago, but I got stuck on who to name to take care of the end-of-life stuff. I have two nieces and a nephew, and my life-long friend’s son to choose from.

Of those, one of my nieces stands out as being the best (she lives about 30 miles away). How do I go about asking her? Do I ask my sister (her mother) first? It seems to be a huge burden on someone, so maybe I should look for someone that I hate, lol.

FWIW, when I draw my last breath I won’t care if my house burns to the ground. If the government takes everything I have to care for me in my last weeks/months/years, that’s fine, it doesn’t matter if I die broke. Aside from that, I would like all of my assets to go to keeping me as comfortable as possible, and in my own home as long as possible. I believe the lawyers can set that up, but I’m still stuck with laying the power of attorney, etc. off on someone.

Do I offer them an amount that is set aside (in a trust?) that they will get upon my death? Do I tell them about it ahead of time? How much should it be?

Tough questions, I know, especially for someone with no kids. I’m still healthy, but who knows what tomorrow will bring?

There’s no one answer to this, so the only advice I can give you is to pick someone you trust, and make sure you outline your wishes as clearly as possible while you’re still healthy.

Hurk, you might want to join AARP–I’m sure many AARP members have dealt with this question and can probably give you helpful tips and pointers. They’re a good resource for this kind of question; might be worth the $16. And they have forums.

And by the way:

If your house has a fireplace, be sure to sign up for all of AARP’s hardcopy mailings. You’ll receive a massive pile of paper that will allow you to heat your house for the winter.

Gads, I was a member on two different occasions but I couldn’t take it. There was never anything of interest in their dumb magazine, not to mention that I don’t want to look at women in magazines who are my age.

I don’t travel or go out of my way to save 50 cents on coffee or whatever so none of that was of any interest. I think I might have saved a buck or two at Denny’s a few years ago, but I rarely frequent chain restaurants.

I guess my main question from my OP was, condensed down: It seems a huge burden to ask someone to do this, and I’m not the kind of person who imposes things on others – or even wants to ask. If I did ask say, my niece, she would probably feel obligated to do it but maybe not really want to – but she’s too nice of a person to tell me “no.”

That’s really the sticking point.

Five years ago I had a double hernia surgery. My buddy took me in and brought me home. I never told my sister, who was a bit upset, because she would have stayed with me for a day or two and I didn’t want to impose that on her. And now one side has popped again in recent months, lol, so back at it.

It’s so much fun being old.

There are professional fiduciaries whom you can give the responsibility for this kind of thing. They often handle wills and estates, but they can also deal with health care / end of life issues.

Death is simple: just write a will. Your real problem is not going to be death but incapacitation. I can only answer for England & Wales (Scotland is likely the same but I haven’t checked) as of a decade ago but you need two people and you register the PoA with the Office of the Public Guardian. Then, when you become incapacitated, they become your guardians. The OPG may try to ask for one of the guardians to be a professional - lawyer or doctor. Try to avoid this as it’s an easy way to spend your estate on fees. You should also register your wishes such as DNR, dispersal of assets before death, etc. Note that guardians are not allowed to benefit from their guardianship, but if payments start before guardianship starts - e.g. you were paying your niece to be your companion (in the old fashioned sense; get your minds out of the gutter!) - they may allow the payments to continue. Also, we were allowed to resign the guardianship.

Something else: you may not want to impose on your sister or family, but they’ll likely appreciate being asked or at least brought into the discussion.

Try to develop a stronger relationship with these four people: if you are there for them now, there is a reasonable chance one or more of them will be there for you when you need it.

It seems to me I may have read that somewhere, or maybe the lawyer mentioned it last winter when I visited him.

That may be the thing I end up doing – depending on the cost.

Thanks!

I have set up an arrangement with a fiduciary to handle both my end-of-life and estate issues. So far I have not paid a single dime. The payments will happen when the fiduciary actually starts doing the work.

Are they billable hours? How much per hour? :confused:

Having been an executor for several people (and holding the POA/HPOA for them prior to their deaths), I’ll point out that it is NOT that onerous a burden. The hardest tasks by far were notifying all creditors, insurance companies, etc., of the death and then distributing the personal effects to family members FAIRLY. (There’s usually one family member who was “promised” every antique, piece of jewelry, and vehicle owned by the deceased.)

I would emphasize selecting someone who thinks the same as you do regarding end-of-life decisions and who is sympathetic to the way you make decisions. Then make sure your will, insurance, retirement benefits, and all other financial matters are in order. My mother, for example, had $500K+ in a portfolio, but the beneficiaries were all neatly designated prior to her passing. I had to sell her car and her furnishings and then distribute those funds, but it was a straight division among four beneficiaries. It was much, much more challenging to be fair in distributing her personal jewelry and the few antiques she had.

Finally, select an attorney to handle the estate when you are gone. Try to pick one who has regular access to the County Clerk’s office (if this is what that person is called in your location) and who can walk the paperwork through. This is much faster and easier on the executor. Have them register your will and POA/HPOA in advance. Make sure they handle all the money, too. It will cost a little extra, but your proxy/executor will thank you.

Hurk:
“Gads, I was a member [AARP] on two different occasions but I couldn’t take it. There was never anything of interest in their dumb magazine, not to mention that I don’t want to look at women in magazines who are my age.”

“I don’t travel or go out of my way to save 50 cents on coffee or whatever so none of that was of any interest. I think I might have saved a buck or two at Denny’s a few years ago, but I rarely frequent chain restaurants.”

[Laughing]—Well, same here. I told myself for a few yrs that someday I’d get something worth $16/yr, but it never happened. I think got $5-off on a Motel-6 room once. Oh—an in-law appreciated all the hardcopy I gave him to use as fire-starters in his fireplace. A friend of mine did receive good relocation/retirement-destination advice; I’ve never needed that.

Back on-topic:

Thanks for this:

markn+
“There are professional fiduciaries whom you can give the responsibility for this kind of thing. They often handle wills and estates, but they can also deal with health care / end of life issues.”
[…]
“I have set up an arrangement with a fiduciary to handle both my end-of-life and estate issues. So far I have not paid a single dime. The payments will happen when the fiduciary actually starts doing the work.”

I’ll soon be in a situation similar to Hurk’s; this seems like the way to go. I don’t have a family member whose ability and integrity I trust—

Hurk if you pursue this, let us know how it works out [I mean, before you kick…]

Sorry, I honestly don’t recall the financial arrangements. I’d have to dig out the paperwork and look it up. I’m pretty sure it’s hourly but I don’t know the rate.

FYI, my fiduciary lists these credentials:

Licensed Professional Fiduciary with the State of California
Registered Guardian with the National Guardianship Foundation
Certified California Fiduciary with Professional Fiduciary Association of California
Affiliated with the San Mateo County Bar Association Estate Planning Section
Certified Ombudsman

The big question is how did you get put of AARP? I thought once they had you that was it, theirs forever. We have never subscribed or whatever you do, but still we get reams of paper from them. It’s maddening. Sorry for the hijack. Good luck with your planning.

Regarding AARP:

I quit them for second time probably three years ago, yet I still get junk mail from them probably every week.

Okay, I will update as needed. I’m meeting my Schwab guy on the 9th of this month, and estate planning is a subject we will be discussing.

FWIW: To answer numerous other respondents: My (substantial) IRA has both of my sisses as beneficiaries, but they are both older than I am so I will change that when I get a will in place. After the government and nursing homes get done with me, I want to donate whatever is left. Nobody in my family needs it.

This generation might be okay, but what about the next? Graduating college debt-free would be a great boon to a great-nephew or great-niece.

I had a great-uncle who never married and had no children. He had several nieces and nephews, but my mother was the one who was willing to take on his end-of-life responsibilities. One of her cousins helped with the actual physical stuff-- actually physically moving his things, and soforth, but my mother was the sole executor of his estate. It turned out he had more than people realized, and he left quite a but to me. I wrote letters to him (he was never online) on a regular basis, and had done so since I was in high school-- not terribly frequently, maybe three times a year, plus birthday cards, but I read the ones he sent me, and responded to everything, and kept him updated with pictures of everyone, which he especially liked after he got to the point where traveling was difficult for him. My mother sent him letters too. I don’t think my brother did, but he sent him holiday cards and birthday cards.

So he ended up leaving almost everything he had to my mother, with some to my brother and me, and a little to my mother’s cousin, who had visited him a few times in the last years of his life. He didn’t leave anything to anyone else, including my grandmother, his only surviving sibling. But I guess she didn’t keep in touch with him much either. She used to call him on the phone a lot, but in the last maybe seven years, his hearing was failing, so she gave up on that. My grandmother was not a letter writer, and she WAS online, and didn’t have a lot of patience with elderly people who thought computers were too hard for them. She learned them, so she figured anyone could.

It was a big surprise to me, and really helped, because I was driving a 22-year-old car. I am now driving a 2-year-old car. The 22-year-old car was in good shape for its age, but, still. It’s so nice having a car under warranty. It’s my first totally new car, and I paid for it outright; no payments.

My mother was also his health care proxy-- power of attorney, and soforth.

Anyway, I’m just saying, an unexpected legacy will not be forgotten by the people who receive it. And a niece or nephew will probably not begrudge doing this for you, but you can make it as easy as possible by having all your paperwork in order.

My uncle was a bit disorganized, and my mother kept finding stuff, just when she thought she had everything done. She also thought she’d gotten everything for his taxes, and submitted them to her accountant, then she discovered there was more than she had to track down, and the accountant had already started on the work, so she had to go back and redo stuff, which upped the billable hours.

My mother had her stuff squared away when she died. She learned from managing my uncle’s estate, that she’d be doing my brother (her executor) a big favor by having everything organized and in one place. Also, she had a clear and up-to-date will, so there were no questions.

One thing to remember is that powers of attorney expire upon death, so you will need to make very clear what you want done with your remains, and what you want in terms of a service, and have separate paperwork appointing someone to manage that. When my FIL died, his longtime partner had a durable power of attorney to make medical decisions for him if he was incapacitated (which he was for about a week), and she made decisions about pain medications, nutrition, hydration, and signed his DNR. But once he was dead, she was not allowed to authorize his cremation, so she had to contact DH and fax him papers, then get him to fax them back, so she could have his remains disposed of the way he wanted.

Good luck to you.

I haven’t got anything from them for about a year now. A few years ago I emailed them and told them to stop sending me stuff. I got a response giving me a number to call if i was having trouble joining. I called the number and chewed them out for not actually reading my email. They promised to stop sending me stuff, but when we moved the mailings started up again. So I called and told them to stop sending me stuff. They promised it would stop, but it didn’t.

So I called again, and once again the person promised they’d stop but that it would take a couple of months for the order to go through their system. I pointed out that that was what they told me a year before. I told him that this time I was going to start documenting every call and mailing and that if I got even one more mailing or phone call I would send the documentation to the FTC and file a complaint for harassment. I haven’t heard from them since.

My great-nieces/nephews are all adults and out of college save one. Believe me, nobody in my family needs what I have. :cool:

Aside from that, I would never encourage anyone to go to college.

Interesting story, thanks for posting.