The Romance of Relief b y C a s e y V. H a r r i s , C h o a t e & C o m p a n y , P. C .
I
could use this space to tell you that making an appointment to have an estate plan drafted is a great idea for a Valentine’s Day gift. I could tell you about what a wonderful gift it is to your family to name testamentary guardians for your children and create trusts for management of your assets if the unthinkable happens and you and your spouse pass away. I could tell you that having an Advance Directive for Healthcare is the present of peace of mind to those who would otherwise be in the position of guessing what your end-of-life care wishes are when you are unconscious and
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dying. I could tell you that signing a Power of Attorney that gives your spouse the ability to handle your financial affairs if you are incapacitated is more valuable than any box of chocolates you could send. Although these things are all true, I would be ignoring an important reality: they are grim. You do not want to talk about your thoughts on life support on Valentine’s Day. Do not give an estate planning appointment as a “gift” to your spouse, do not spin it as a special treat. Have a nice dinner or take a romantic getaway instead.
But at some point, you do need to talk about what will happen when you are gone, and what you want to have happen if you are dying and cannot communicate your wishes to your doctors. These are unpleasant conversations, but they are important ones, and you owe it to yourself and your family to have them. Most couples with minor children know that if they were both to pass away without a will, under Georgia law, their children would inherit their assets. However, many are unaware that a court will have to appoint a conservator (property guardian) to manage that property,
