Planning for the future involves more than deciding who receives your property after you pass away. A complete estate plan also addresses what happens if you become seriously ill, injured, or otherwise unable to make decisions for yourself while you’re still living. That’s where powers of attorney and health care directives come in.
At the law firm of Jaspers, Moriarty & Wetherille, P.A., our skilled estate planning attorneys help individuals and families throughout Shakopee, Scott County, and the surrounding communities plan for the immediate and distant future. You have a voice in your physical care and finances, even if you become unable to express your wishes.
Many people think of estate planning purely in terms of wills and trusts, and who inherits what. Those documents matter, but they only take effect after death. Powers of attorney and health care directives serve different, equally important purposes. They function during your lifetime, stepping in if illness, injury, or advancing age leave you unable to manage your affairs or communicate your wishes.
If you are seriously ill or otherwise unable to communicate, those who want to help may be unable to do so without a valid power of attorney or health care directive. During an already stressful time, your family members may need to petition the Scott County District Court for a guardianship or conservatorship just to pay your ongoing bills or make medical decisions on your behalf. That process takes time, costs money, and can be quite an ordeal in a public courtroom setting.
Instead of worrying about what may happen if you or a loved one are faced with this situation, contact Jaspers, Moriarty & Wetherille, P.A. Our estate planning and probate team works with clients to build estate plans that work, both during their lives and afterwards. Let us help you put together the pieces, so nothing important gets left out.
A power of attorney is a written legal document that lets you, called the “principal,” name another trusted adult, called your “agent” or “lawyer” to handle financial and real property matters on your behalf. This might include paying bills, managing bank accounts, handling real estate transactions, filing taxes, or dealing with insurance and business affairs.
In Minnesota, a power of attorney generally falls into one of a few categories:
Practically every adult, regardless of age or health status, should have a power of attorney (POA). A young professional heading off on an extended work assignment, a parent preparing for surgery, a young adult going to college or moving out on their own, or an older adult planning for the realities of aging can all benefit from having someone they trust ready to step in. Small business owners in downtown Shakopee or along the Marschall Road corridor may also want a power of attorney that specifically addresses business operations, so payroll, vendor contracts, and daily decisions don’t stall if the owner becomes unavailable.
Choosing the right person to serve as your agent matters a great deal. This person should be someone reliable, financially responsible, and willing to act strictly in your interests. Under Minnesota law, an agent who acts in bad faith or fails to provide an accounting when required can be held personally liable, so the role carries real responsibility. Vague or outdated language in a power of attorney can also create confusion for banks, title companies, or family members trying to interpret what the document allows. A skilled lawyer can help make sure the wording is specific enough to be useful when it’s needed.
A health care directive is a written document that lets you spell out your medical care preferences and, if you choose, name a trusted person, called a health care agent, to make medical decisions for you if you become unable to communicate those decisions yourself. Minnesota is a bit different from many other states in this respect. Rather than requiring separate documents for a living will and a health care power of attorney, Minnesota law combines both functions into one health care directive.
A typical directive addresses items such as:
Any adult 18 or older with the mental capacity to understand the document can sign a health care directive. It’s especially useful for staff at St. Francis Regional Medical Center or another local hospital, since it lets medical staff know exactly who has the authority to make decisions and what your general wishes are, without the family having to guess during a stressful moment in an emergency room or intensive care unit. A properly executed directive can also help avoid disagreements among family members about what a loved one would have wanted, disagreements that sometimes surface at the worst possible time.
To be valid in Minnesota, a health care directive generally needs to be in writing, signed and dated by the principal, and either notarized or witnessed by two adults. There are also some restrictions on who can serve as your health care agent, particularly around health care providers who are currently treating you, unless that person happens to be a close relative.
It’s tempting to put this kind of planning off. Nobody likes to think about becoming seriously ill or losing the ability to make their own decisions. But here’s the difficulty: powers of attorney and health care directives only work if they’re signed while you still have the legal capacity to understand what you’re signing. Once a stroke, accident, or advancing dementia takes that capacity away, it’s too late to create these documents.
Setting these documents up now, while you’re healthy and clear headed, gives you control over the process. You choose your agent. You decide the scope of their authority. You put your wishes in writing instead of leaving loved ones to guess or argue about what you would have wanted.
An estate plan isn’t something you create once and forget about. Life changes, and your documents should keep pace with those changes. Our family law attorneys and estate planning team often see recently divorced clients who left an outdated agent with authority they never intended to grant.
Life events that often call for a review include:
Even without a major life event, it’s a good idea to revisit these documents every few years to confirm they still reflect your current wishes and that the people named are still willing and able to serve.
Putting together powers of attorney and health care directives involves more than filling out a generic form. The right agent, the right scope of authority, and the right instructions depend on your individual circumstances, your family situation, and what matters most to you. At Jaspers, Moriarty & Wetherille, P.A., our lawyers draft documents tailored to your specific needs, not boilerplate paperwork pulled from a template.
We understand that thinking about incapacity or a medical crisis isn’t easy. But having these conversations now, while you’re able to think clearly and communicate your wishes, is one of the most valuable steps you can take for yourself and for the people who care about you. Whether you’re building a full estate plan for the first time, updating documents after a divorce, or simply making sure your wishes are current, contact the law office of Jaspers, Moriarty & Wetherille, P.A., today to schedule a consultation with an experienced estate planning attorney. Take the first step toward putting your plan in place before it’s needed.
