Across the United States and around the world, many businesses are facing the impact of COVID-19. State and local mandates have closed down many businesses. Many clients are also choosing to self-isolate, either because they believe they may have been exposed or because they do not want to risk exposure.
During the COVID-19 emergency, you may be left with a host of questions and concerns regarding legal and estate planning services. Not only that, but the COVID-19 emergency has also caused many people to start thinking about estate planning and other issues they usually avoid. Fortunately, estate planning during coronavirus is still possible--and even potentially necessary.
What Estate Planning Documents Do I Need Most During COVID-19?
During the coronavirus pandemic, many people are recognizing estate planning needs that they might not have considered before. There are several documents you may want to put in place in order to protect yourself and your loved ones in the event of a medical emergency. What happens if you come down with coronavirus? You may want to consider:
Creating a Healthcare Directive
An advance healthcare directive allows you to clearly state your wishes in the event of a medical emergency. With the COVID-19 emergency currently raising fears, you may have specific wishes concerning what treatment you wish to receive and when you would prefer to stop treatment. Creating a healthcare directive will clearly lay out your wishes and ensure that they aren't ignored if you do get sick.
Arranging a Medical Power of Attorney
If you cannot make medical decisions for yourself, who gets to make them for you? If you have a spouse, the hospital will automatically turn to that spouse when the time comes to make critical medical decisions. If you do not have a spouse, they may turn to your children. You may want to arrange a medical power of attorney if you:
- Want to clearly designate which member of your family can make medical decisions for you in the event of an emergency.
- Are not married to your current partner, but want him/her to have the right to make medical decisions on your behalf.
- Feel that your spouse will not be able to make rational decisions.
- Do not have a spouse or children and want to designate a specific individual to make those medical decisions on your behalf.
Clearly Writing out or Updating Your Will
In particular, if you fall into one of the high-risk categories associated with COVID-19, you may want to make sure that you have a current, updated will in place. You may also have found that the current public health crisis reminded you of needed changes, including custody or guardianship arrangements that you need to shift in your existing will. An experienced estate planning attorney can help you set up a will that reflects your current needs.
Making Sure Your Family Members Have Everything They Need If Something Happens to You
If something happened to you, what would your families need in order to continue to function? This might include:
- Vital bill information, including when they are due and how much they usually are
- Contact information for your employer
- Information about all of your accounts and insurance policies
- Passwords for any devices that your family might need to unlock if something happens to you
You can store that vital information with a copy of your will. An estate planning attorney may also keep that information on file to provide it to your family members if needed. Keep in mind that your family may need to take care of all those key responsibilities if you end up ill or hospitalized, not just if you die.
What Do I Need to Look for in an Estate Planning Attorney During the COVID-19 Emergency?
Many estate planning attorneys are still functioning normally throughout this emergency--but they may have a few specific requirements or make changes to their usual processes in order to protect both office workers and clients. If you're handling your estate planning needs during this crisis, consider:
Do You Want or Need to Remain Socially Isolated During This Period?
If you are practicing social isolation, especially if you are practicing social isolation due to you or a family member falling into a high-risk category, you may not want or be able to go into the attorney's office to receive advice or take care of the paperwork. While some attorneys may still choose to function out of the office and simply limit contact as much as possible, others may turn to fully virtual services in order to provide the highest quality of service possible to all of their clients while maintaining that important social distance. Consider your needs and the services offered by specific estate planning attorneys at this time. You should not break your self-isolation plans to visit an estate planning attorney unless absolutely necessary, especially since so many attorneys are utilizing online communication methods during the current outbreak.
How Does the Attorney Communicate With Clients?
During this difficult period, you may need to communicate with your estate planning attorney primarily through virtual means. That may mean connecting with your attorney using potentially unfamiliar technology. Consider:
- Does your attorney prefer to email out vital information? Do you have a printer and scanner at home?
- Does your attorney use online document signing to sign and transmit important documents?
- Will your attorney video chat or walk you through important paperwork or other information online?
Discuss how your attorney prefers to communicate, both under normal circumstances and in the midst of the current emergency situation. Choose an attorney that can use the type of technology you prefer, both for short-term and long-term convenience. You may also want to inquire about how long it will take your attorney to respond as you plan your will or put together those medical documents. Many attorneys may find themselves with increased business during this crisis, which could lead to extended waits. Further, keep that in mind when planning the services you need or contacting your attorney--and do not wait to start making the changes you need, since it could take longer than usual to make them official.
Are Your Estate Planning Services Available During COVID-19?
Yes. In spite of the current crisis, our office is still up and running and our attorney is working to continue communication with our clients, including utilizing technology to help produce, sign, and store important estate planning documents. We can still:
Provide Quality Legal Advice
If you have a question about your will, including how to deal with specific concerns or how to increase the odds that your heirs will respect the terms of your will, we can answer it. We can also help deal with specific tax questions or help you prepare to better financially protect your family members in your absence. Our office is also prepared to answer vital questions about healthcare directives and medical power of attorney, including how those things may apply to COVID-19 and the current crisis.
Help You Get Documents Signed and Make Them Legal
All of our estate planning services are done online via a secure client portal where you can sign many documents electroncially. We also work with our clients to print, fax, and/or scan documents when needed. We also are able to execute many legal documents, including creating a new will and establishing a medical directive or medical power of attorney even in the middle of these difficult circumstances.
Help You Handle a Family Member's Will
If you lose a family member during this time, whether due to the coronavirus pandemic or due to another cause, we also can help you probate that family member's will. While Texas courts are not holding hearings for non-essential matters until the COVID-19 emergency is over, some judges are allowing testimony to be given by telephone or via videoconference for uncontested probate matters. We also can provide you with valuable legal advice concerning the steps you need to take during this difficult time.
Should I Put off My Estate Planning Needs Until the COVID-19 Emergency Has Resolved?
There are many non-essential tasks that you can put off until the emergency is resolved and normal travel and communication channels have been established again. Other tasks, however, should not wait any longer than absolutely necessary--including estate planning needs. You certainly do not want to be caught off-guard in the midst of an emergency and now is the perfect time to make sure all of your legal documents are in order. You also may have more time to put into your estate planning, especially since many people are spending less time at work or less time commuting to work during the current crisis.
Conclusion
Do you have any estate planning needs in the midst of the coronavirus crisis? If so, make sure to Contact us to learn more about the online estate planning services that we offer and for answers to any questions that you and your family may have.
For more information please request a copy of our Legal Services Schedule (PDF format).
