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Life Planning Documents

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By: Montana Legal Services Association (MLSA)

Description
Learn about how to plan for your needs in case you become unable to take care of yourself or your property, including the need for legal documents.
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Why Would A Person Plan for Being Ill or Otherwise Incapacitated?

While it is not easy to think about being ill or incapacitated, preparation for times when you cannot do all that you usually do makes things easier for you and for your family and friends. Consider organizing your thoughts about your wishes if you become unable to handle your family and property obligations, as well as your future health care decisions. Consider writing down your wishes. 

Organizing Your Thoughts and Issues

1. If I can't do it, what has to be done? Who can help me?

Everyone has things that must be done regularly to maintain their home, medical conditions, and finances, including: 

  • Caring for a parent 

  • Childcare 

  • Pet care 

  • Payment of utilities 

  • Payment of rent, mortgage, or other property obligations (including taxes) 

  • Payment of insurance 

  • Payment of other bills, including credit card bills 

  • Communication with family members 

Think of a time when you were unable to fulfill your responsibilities.  Think about WHO you trust to help you, WHO is close enough geographically (or can use technology), and WHAT you would ask them to do. 

Using the categories above, write down what has to be done, then who can help you if you cannot do your usual tasks. 

If you can identify someone you trust with your money and that person is willing to assist in this way, you might consider a Financial Power of Attorney (Fin POA).  This document names an agent that can assist with bill paying and other finances.  Do not name someone as agent in this document that you have known for less than five years or that you do not trust in all ways, as the document will allow a person other than yourself to access your money.  

Learn more in our article Acting as Someone's Agent.

2. Who might communicate with medical providers if I cannot?

Think about who might communicate with your medical providers about your condition and procedures you do not want, especially when you are unable to communicate as you normally do.   

Looking ahead to a time you may not be able to communicate with your medical providers, you should consider signing a Health Care Power of Attorney (HCPOA) or a Living Will.  A HCPOA is for longer periods of time, for example if you suffer a cancer diagnosis.  A Living Will is a statement about a more short-term situation where life-saving measures are temporary, for example if you were to get in a car accident.  You might sign both - after you read all information and understand what you are signing.  

Important
You can (and should) communicate your wishes to your primary provider, using what is called a Medical Directive signed by your primary doctor. These directives are not legal documents, but can help with the hard discussions about what kind of medical treatment you may or may not want. For example, you may not want an artificial feeding tube, but you may want treatment to reduce pain and to be more comfortable. 

Learn more in our article Acting as Someone's Agent.

3. Look ahead to your needs for estate planning

It may be time to consider your needs related to your estate.  Your estate means your personal property and your real property (land).  A person must consider many things when doing estate planning, including: 

  • What resources do I have to pay for my care while I'm living? 

  • Have I made the arrangements I need to provide for my care until I die? 

  • Who will survive me and do I need to provide for them upon my death? (For example, spouse, children, parents, siblings) 

  • What documents do I need to express my wishes upon my death?  (For example, forms, will, documents related to land) 

  • Who will help me with the documents? 

Take Action

Get Started
  1. Organize your thoughts and needs regarding obligations, property, and health care. 
  2. Communicate with your medical providers and family.
Learn More

  • Consult numerous sources of information, as this article does not cover all circumstances that may apply to you.   

  • Visit the Legal Service Developer website.

  • Contact the financial institutions that you do business with if you want to update your Beneficiary Forms. 

  • Read What You Should Know When Writing a Will in Montana, an article by the Montana State University Extension Service.

  • Visit the End of Life Registry to learn how to register your Living Will to make it accessible to health care providers if you can’t speak for yourself.  

Determine What Legal Help You Need

  • To ask about free help from an attorney who can write important end of life documents for you, call the Legal Services Developer Program at (800) 332-2272.  

  • Montana Legal Services Association (MLSA) provides free civil, non-criminal legal help to eligible clients.  Learn more about applying to MLSA. 

  • The State Bar of Montana services may provide you with contact information for attorneys who provide the type of assistance you are seeking, for a fee. You can contact the State Bar of Montana at (406) 449-6577 or montanabar.org.  

Funding Statement

This article is supported by the Administration for Community Living (ACL), U.S. Department of Health and Human Services (HHS) as part of a financial assistance award totaling $334,757 with 75 percentage funding by ACL/HHS and $88,384 and 25 percentage funded by non-federal government source(s). The contents are those of the author(s) and do not necessarily represent the official views of, nor an endorsement, by ACL/HHS, or the U.S. Government.

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Related Resources
Related Resources

Acting As Someone's Agent

By: Montana Legal Services Association (MLSA)

Learn about the situations where you might decide to make someone else your agent for financial matters or communicating with medical providers.