After your diagnosis and BEFORE surgery or treatments begin, review this checklist. Always hope for the best but, prepare fore the worst in this instance. This may be your last chance to get things in order for what lies ahead. Click here to downloadable POST DIAGNOSIS CHECKLIST form. Just note in the message box that your are requesting the checklist.
Post Diagnosis Checklist
A major illness is a sudden reminder of what things may not be in order in our lives. It is time to hope for the best and prepare for the worst. You have begun an emotional roller coaster ride that can easily affect your ability to discern what is important and necessary to continue forward. This checklist will help you to establish priorities and offer the methods to handle accomplishing them
While your spouse is still able to assist, these actions and documents will help to avoid many future problems and challenges. Use the link at the bottom of the page to request a printable version of this checklist to refer to as you prepare for the future.
Some documents need to be stored securely and shared with others. Always keep original documents. Make copies of the most important ones which are identified by category below. Life altering documents require witnesses and typically must be notarized. Some may need to be certified. Store the important and certified documents separately in a safe place, such as a safe deposit box.
What’s Important
Non-Durable Power of Attorney - The non-durable power of attorney is used only for a set period of time and usually for a particular transaction in which you grant your agent authority to act on your behalf. Once the transaction is completed, or should the principal become incapacitated during this time, the non-durable power of attorney ceases
Durable Power of Attorney - The durable power of attorney is much more encompassing than the non-durable power of attorney and it can be used to allow an agent to manage all the affairs of the principal should they become unable to do so. It does not have a set time period and it becomes effective immediately upon the incapacitation of the principal. It does expire upon the principal’s death.
Special or Limited Power of Attorney – In contrast with a general power of attorney, a limited (or special) power of attorney gives an agent the power to act on your behalf, but only for specific purposes. For example, a limited power of attorney can allow someone to cash checks for you. However, this person won’t be able to access or manage your finances fully. This type of power of attorney expires once the specific task has been completed or at the time stated in the form. You can create several limited POAs for different agents — granting each person different powers.
Medical Power of Attorney
A medical power of attorney, also known as an advance directive, allows you to name a health care agent — someone who will make medical decisions for you if you cannot do so yourself. In addition to a broad range of health care decisions, your agent will have authority over your:
Medical treatment, surgical procedures, artificial hydration and nutrition, organ donation, choice of health care facilities and release of medical records.
Your agent will also ensure that your health care providers give you the medical care specified in your Do Not Resuscitate (DNR Form) or Living Will.
A medical power of attorney becomes effective immediately after you’ve signed it, but can only be used if you’ve been declared mentally incompetent by physician(s).
Once you’ve selected a person to act on your behalf (agent) , make sure they know how to sign as power of attorney on your behalf.
Springing Power of Attorney
A springing (or conditional) power of attorney only goes into effect if a certain event or medical condition (typically incapacitation) or event specified in the POA occurs. For example, military personnel may draft a springing power of attorney that goes into effect when they’re deployed overseas. It can end at a specified time, when you become incapacitated, or upon death.
Now that you understand the differences between the power of attorney types, you can confidently choose the right ones to include in your estate plan.
Wills
The four main types of wills are simple, testamentary trust, joint, and living. Other types of wills include holographic wills, which are handwritten, and oral wills, also called "nuncupative"—though they may not be valid in your state. Below we have listed each will and the specifics.
Living Will
Despite the similarity in name, a Living Will actually does a lot more than a traditional Last Will and Testament can. Also called an Advance Healthcare Directive, a Living Will is good for end-of-life planning and to make your wishes known regarding medical care you may want in the future.
In the event you become incapacitated for any reason and you can’t let doctors or loved ones know what you want, a Living Will can speak for you. The benefit of a Living Will is it greatly eases the burden on loved ones if tough decisions need to be made on your behalf. Note that Living Wills become immediately ineffective once you pass away.
Testamentary Trust Will
Testamentary Trust Wills are sometimes referred to as Will Trusts or as Trust Under Wills. They are written inside a Will and can be used to direct asset distribution after your passing. This type of Trust differs from other Trusts in that it isn’t actually formed until after your death. Testamentary Trust Wills can be a good option if you need to set up long-term care for Beneficiaries.
CAVEAT: Whereas most Trusts allow you to avoid it, Testamentary Trust Wills will go through probate, which can be a significant disadvantage. Simple Will.
Pour-Over Will
Pour-Over Wills work in conjunction with Revocable Living Trusts. They are designed to offer more privacy than a regular Last Will and Testament and work by “pouring over” any assets that don’t directly go to a Beneficiary into your Trust after you pass away. Pour-Over Wills are useful if you haven’t put everything into your Trust.
CAVEAT: Property must go through probate before it ends up in your Trust, which can take time and money and cause stress on your loved ones.
Simple Will
Simple Wills, much like the name suggests, are simple in that they do not contain a lot of clauses. However, just because they’re simplistic in nature doesn’t mean they can’t be effective. You can do much of your basic planning in a Simple Will, including designating a guardian for minors and appointing an Executor.
CAVEAT: Simple Wills may not be the best option for very complicated or large estates.
Joint Will
Joint Wills are a Will within one document for two people. They can be used in cases where spouses want to initially make each other Beneficiaries after one passes, and then establish final Beneficiaries being a child or children once both partners are gone.
CAVEAT: It’s important to note that Joint Wills automatically become irrevocable upon the first spouse's death.
Deathbed Will
Deathbed Wills are not desirable for several reasons. The biggest one being they are not as effective as other types of Wills. Made on a deathbed, and most of the time under dire circumstances, there are often questions about mental stability and how comprehensive a Deathbed Will is.
CAVEAT: While any Will is better than none at all, Deathbed Wills are more than likely to create problems for your loved ones after you pass. Online Will.
Online Will
Relatively speaking, Online Wills are a fairly new concept in the world of Estate Planning. It’s true that there are very trustworthy, authoritative sources out there to help you create an effective and adequate Online Will. But you need to be careful about which DIY online company you use to create your Will or any other Estate Planning documents.
CAVEAT: Not all Online Will companies are the same. It’s an absolute must that you read online reviews. And most importantly, be sure that whichever company you go with has state-specific documents and forms that are created, drawn up and reviewed by actual lawyers and Estate Planning experts.
Holographic Will
While not all that common, Holographic Wills do actually still occasionally exist. These are handwritten Wills and are typically the result of extreme, unexpected circumstances such as war or another life-threatening situation.
CAVEAT: Holographic Wills are not recognized as valid in every state.
Nuncupative Will
Nuncupative wills are a verbal explanation that expresses final wishes. Like Holographic Wills, Nuncupative Wills are not recognized in every state. Additionally, some states have strict stipulations on what would qualify as a valid Nuncupative Will. For example, a state may recognize them, but only if they’re written down after being spoken.
CAVEAT: Despite the fact that some states will accept a Nuncupative Will as valid (under certain circumstances), most often, if made by a civilian, they will not be recognized.
Avoiding Probate
Deeds
When you are facing a terminal illness or a major illness that can easily bring the sudden death of your spouse, the way you hold title to your property is more important than ever. Probate is expensive; if you can avoid it you should. Take the opportunity to record a new deed on you property that protects you from the probate process. There are essentially four basic types of deeds and a few additional specialized ones based off those four. Those four basic types of deeds, in order of diminishing benefit to the Grantee, are: the Warranty Deed, the Special Warranty Deed, the Fee Simple Deed, and the Quit Claim Deed. Furthermore, you have the specialized Deeds such as Personal Representative’s, Trustee’s, Guardian’s, and Life Estate Deeds.
THE LADYBIRD DEED
With the Florida lady bird deed, you give yourself a life estate interest in your property. A life estate is a right to live in the property until your death.
When you pass away, the real property passes to your beneficiaries designated in the lady bird deed, called the remaindermen. The lady bird deed works similarly to a pay-on-death provision on a bank account. With a pay-on-death account you can spend the funds in the account during your lifetime and change the beneficiaries at any time, and the beneficiary is only entitled to what is left on the account when you die.
What makes Florida lady bird deeds so valuable is that you are able to retain certain interests in the real property even being the life tenant and avoid Probate completely on the property.
The General Warranty Deed
The General Warranty Deed is the most common deed used in the sale of residential properties. You can check the public record to see what deed is recorded; it is very likely that this is the method you currently hold title to your property. It is also the deed that will compel you to visit Probate Court, even with a will.
The General Warranty Deed with Rights of Survivorship
A Survivorship Deed transfers residential or commercial property from one property owner (the grantor) to another (the grantee) while allowing them to avoid going through probate when they (the grantor) passes away. The parties transferring property in a Survivorship Deed must have full ownership of the property.
Joint Tenants with Rights of Survivorship
Joint tenants with rights of survivorship, or JTWROS, is a form of joint ownership automatically transfers the real or personal property to the surviving owner upon the other owner's death. ... One cannot own entireties property with any family member other than a spouse. This is perhaps the best deed to use in your situation.
The Quit Claim Deed
Contrary to popular belief, the Quit Claim Deed was not intended, and does not claim, to actually convey any type of ownership in property, much less fee simple ownership. In fact, it contains no covenants of title. The offering of a Quit Claim Deed is a releasing and transferring, with or without compensation, by a person who has or might have a claim to some right or interest in a property or its ownership. If you or your spouse is facing a terminal illness this deed can actually work, although not the most ideal.
FINANCIAL INFORMATION
Perhaps the best method of protecting yourself and your spouse is by adding them to all of your financial accounts. This gives them easy access to make the necessary changes.
Banks offer to include the names of survivors who will gain control of accounts on the death of a spouse. The Durable Power of Attorney you may have been using expires on the death of the person who issued it. Add your spouse to the accounts or list them as the one who inherits the accounts on our death.
Make sure your spouse has all the Login and passwords to your accounts. This is not the time for secrecy.
SUPPORT SYSTEM
Get SUPPORT for YOU and line up possible assistants, caregivers, family members, friends whom may be able to assist you as the disease progresses. You will need help with care in the future. If care at home is not possible, research possible facilities for future care early in your diagnosis. Familiarize yourself with the care that will eventually be needed so that the best preparations can be made for both you and your spouse.
GBM Never Alone offers a strong support system, a volunteer program, counsel and advice in addition to our Blog which provides the opportunity to share ideas and information with others who are going through the same challenges. You are NEVER ALONE.
Notice: The contents of this checklist may be similar in many ways to other websites who offer assistance in preparing for the future after a diagnosis. That is understandable as the steps are the same regardless of where the information is contained. Glioblastoma Support Network has requested recognition for any content similar to theirs and it is hereby granted. Information contained on the GBM Never Alone website encompasses all that is offered on most sites and far more that has been contributed by All Florida Legal Document Preparation Company at reduced prices to our visitors.
Click here to receive this checklist by email in a downloadable form. Just note in the message box that your are requesting the checklist. We can recommend www.aflp.com to prepare all of your legal documents affordably.