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Pandemic concerns may spur some to finally act on drafting a will, other final legal documents

Mary Ann Thomas
2578689_web1_courthouse
Tribune-Review file
Allegheny County Courthouse

The deadly covid-19 pandemic has led some to finally do what many people put off: Draft their will and assign people to hold power of attorney to make medical and financial decisions on your behalf when you can’t.

“The vast majority of recent clients say they’ve been thinking about doing this for years, but covid-19 pushed them to work on their will and other documents,” said Michael Girardi, an estate attorney in Lower Burrell.

Covid-19 has made the execution of these documents a little more complicated and different, Girardi said, noting he had to make sure witnesses were at least 6 feet apart when he executed a document in someone’s driveway.

Maureen Gluntz, an estate attorney in Aspinwall, has had more inquiries from doctors and nurses who were concerned about being exposed to covid-19.

She said she was surprised the pandemic didn’t cause more of a rush of people trying to get their affairs in order.

“Part of it might be economic, in that people don’t have the disposable income to pay an attorney right now,” she said.

Girardi and Gluntz advise adults to consider their estates and representatives sooner rather than later.

They offer these tips:

Three essential documents: Adults should have a final will, a medical power of attorney and a financial power of attorney.

Wills: Although there are simple ones available online, generic wills don’t take into account the specific situation of individuals, the attorneys cautioned.

“There can be unclear language than can cause complications in the future with the estate and beneficiaries,” Girardi said. Additionally, there could be a number of assets to assign such as retirements accounts, Gluntz added.

Power of attorney: The power of attorney documents designate who will represent you and make your legal and medical decisions at the end of life and in death. They prevent problems and expenses for the family down the road.

“Financial power of attorney are state specific, and if it’s just a general document, it could be invalid,” Gluntz said.

Don’t put off assigning a financial power of attorney: “The $100 you might pay for a financial power of attorney is very small compared to the cost of having to go to court to have a guardianship proceeding,“ which can cost between $3,000 to $5,000, Gluntz said.

Be skeptical of free online legal documents: Both attorneys generally advise against using most free online wills and powers of attorney.

“I’ve seen documents prepared online, and usually they lack specificity as to state law,” Gluntz said. “And a lot of time, they don’t accurately reflect the client needs or wants because they don’t know the right questions to elicit the right answers to make the right documents.”

But this free online medical power of attorney is OK: However, a good free online medical power of attorney is offered by the Allegheny County Bar Association and the Allegheny County Medical Association and can be downloaded on the bar association’s website, Girardi said.

Ask relatives and friends for referrals for an estate attorney: About 90% of Gluntz’s clients are from referrals. If that isn’t available, county bar associations can be helpful.

To explore more about end-of-life issues, consider these:

Medical directives, state by state, are found in an online guide dealing with medical directives and medical power of attorney by AARP (American Association of Retired Persons).

“How to Prepare Your Digital Life for Your Death” is an online guide from PC Magazine to help you deal with managing passwords, sensitive data and social media profiles.

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Categories: Coronavirus | Local | Regional
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