Youthful Procrastination: The Consequences of Delaying Estate Planning

By: Amanda Dorio, Esq.

In the early stages of marriage, young couples often find themselves swept away by the promise of a long, happy life together. Estate planning may seem like a distant concern, an affair for older years. But what happens when the unthinkable strikes?

A Vibrant Start

Picture a young couple, recently married, residing in the sunny state of Florida. Their days are filled with dreams of the future, love, and endless possibilities. Estate planning is barely a blip on their radar. After all, isn’t that something you deal with later in life?

Life’s unpredictability, however, pays no heed to age or circumstance. Tragically, the wife faces a sudden medical emergency, leading to her hospitalization. In that moment, the couple’s world crumbled.

Emergency Temporary Guardianship

Faced with an immediate need to manage his wife’s healthcare decisions and financial affairs, the husband was compelled to act swiftly. He initiated the process of Emergency Temporary Guardianship, a measure designed for situations like these. This provided him with the authority to ensure his wife’s well-being temporarily. Emergency Temporary Guardianship, while essential in the moment, is a Band-Aid on a larger issue. It’s a reaction to crisis, not a comprehensive, proactive approach.

The Role of Estate Planning

If this young couple had taken the time to set up their estate planning documents long before this crisis. These documents should include:

• Durable Power of Attorney (DPOA) which empowers you to designate someone to manage your financial matters if you become incapacitated. In our couple’s case, it could have given the wife the authority she needed to handle her husband’s financial affairs without the need for guardianship.
• Health Care Surrogate Designation, on the other hand, grants someone the authority to make medical decisions on your behalf when you cannot. This would have enabled the husband to navigate his wife’s healthcare decisions seamlessly.

A Lesson for the Young and the Restless

This story is a reminder that life’s uncertainties know no age and illustrates the significance of having your estate planning documents in place. By taking proactive steps, you provide yourself and your family with the security and empowerment needed to face whatever life may throw your way.