The SCORE 2015 Issue 3 | Page 35

Probate Court Supervision The Probate Court serves a very important function. It supervises the administration of an estate of someone who has died. If you choose to avoid probate, you may have eliminated certain costs, but, at the same time, you have lost the benefits of Probate Court supervision. Avoidance of probate may not make sense in situations in which the probate process would help to resolve family disputes by involving a probate judge to supervise the process. Another benefit of the probate process is that the Probate Court reviews the administration fees. Accordingly, if a beneficiary has a question or concern about the fees charged, he or she is able to raise the issue at the time the account is presented to the court. Advance Directives A Durable Power of Attorney for Health Care/Living Will is a state-specific document (each state will have different provisions). The Durable Power of Attorney for Health Care portion is the document in which you designate someone (called an attorney-in-fact or agent) to make health care decisions for you if you become incapable of making such decisions. It is only“activated”if you become incompetent. The health care decisions that the attorney-in-fact would make include the release of medical information, the selection of doctors, placement in a nursing home or medical facility, the authorization or termination of surgical procedures, or the removal of feeding tubes and other life-sustaining procedures. You can also state your wish to be an organ donor or to donate your body for medical research. The Living Will portion of the document permits you to avoid unnecessarily prolonging of your life in situations in which you do not wish to be kept alive by life support systems when there is no hope for your recovery as determined by two physicians, one of whom is your own. It is a backup to the Durable Power of Attorney for Health Care. The HIPAA Release (Designation of Personal Representative and Authorization to Release Health Information) is the authorization for your named personal representatives (often your health care agents) to obtain your health care information which is protected under federal law (the Health Insurance Portability and Accountability Act–HIPAA). This authorization is effective immediately and may be used separately from your Durable Power of Attorney for Health Care. The Durable General Power of Attorney (for financial matters) is the document in which you designate someone (called an attorney-in-fact or agent) to make financial and other decisions not related to health care for you if you become incapable of making such decisions. Given the substantial changes in federal tax laws, you may have significant estate planning issues to consider. Although taxes play a role in virtually every estate plan, they are secondary to accomplishing your goal of providing for the f