Baby Boomer Living Will

Many of us Baby Boomers have parents reaching the end of their lives.  Some of us know what our parents want when they reach the end, but many of us have not had this discussion with our families.  It’s hard.  For us.  For them.
One of the most important decisions we can make in advance is whether or not we want to prolong life artificially if we are at an end stage of life.  We can make this decision legal and binding if we have a Living Will.
A properly drafted Living Will will state your advance directive about whether you want to prolong life after your doctors have determined that there is no probability of recovery.  In Florida, this applies when you are in a terminal condition, vegetative state, or end-stage condition.  A properly drafted Living Will should also direct whether or not you desire a feeding tube or hydration to keep you comfortable.
Yes, these are all wrenching decisions.  But, without a Living Will, the health care system cannot “pull the plug”.
For our parents and for us baby boomers, actually no matter your age, it is much more preferable to make your wishes known by having an appropriate Living Will.
Please contact our office for a consult on a Living Will.  Don’t do it yourself.  The forms on line are often ineffective because they are too vague or they try to cover every possible medical contingency.  And every state has specific statutory language required for a valid Living Will.
Contact the Law Office of Debra G. Simms for your consultation on Living Wills and other Advance Directives.
Don’t wait until it’s too late.
Toll free: 1-877-447-4667
Debra G. Simms
To contact attorney Debra G. Simms, P.A. in Port Orange or New Smyrna Beach, FL please call 877.447.4667.

Your Digital After-Life: What happens to your e-mails after you die?

Ever wonder what happens to your e-mails and posts when you’re gone? I don’t want to dwell on the macabre during this celebratory time of year, but the New Year is a good time to plan for the future.

Unfortunately, there is no standard way internet providers handle the accounts of their users’ accounts after death. Every provider is different.

For example, Facebook’s privacy policy states that your heirs can request that your account be deleted or “memorialized.” Memorialized profiles restrict profile access to confirmed friends and allow friends to write on the user’s Wall in remembrance. Anyone can request that a user’s account be memorialized by simply notifying Facebook and showing a death certificate or a news article that indicates the death.

 Gmail generally requires a death certificate, an e-mail you have received from the account in question, and proof that you have legal authority over the estate.

 Your Social Media Pages After Your Gone

social media when your dead

If a Twitter user has passed away, the account can be removed. Family members can ask to save a back up of their loved one’s public “Tweets”. The heirs need to provide their contact information, their relationship to the deceased user, the username of the account or a link to the profile page, and a link to the obituary.

Yahoo is a different story. Yahoo has a terms agreement that says there is “No Right of Survivorship” and that accounts are “Non-Transferable.” Upon receipt of a copy of a death certificate, your account may be terminated and all contents permanently deleted.

A few helpful advocacy groups are spreading awareness of “digital afterlife” issues and a quick online search shows that there is a growing industry of commercial services for online memorials, digital estate planning, post-mortem e-mail notification, and password storage systems.

If all this seems messy and mysterious, I will offer a few basic steps to manage your online affairs after death.

The first step

The first step is to inventory everything about your online life, such as your email accounts, Facebook, Twitter…everything. Use a speadsheet or create a table in a word-processing document. For each website, list the name, URL, your username and password. Include any additional information someone might need to access each account.

Be sure to state whether there is any money at stake in an account.  For example, do you have any money sitting in your Paypal account? Do you have an ongoing business on eBay?

 

The second step

The second step is to check each site you use for their policy on deceased members and the access rights of heirs. Determine what authorization you may have to supply, if any, and put that information down on your inventory. If a site allows users to be memorialized after death, state whether you want that or not on your inventory. Do you want your heirs to be able to download your content or delete your account? Some accounts are deleted automatically if inactive for a period of time, so you should also note this information on your inventory. Remember, each site has different privacy and policy issues. Know your rights.

The third step

The third step is to notify your heirs about your intentions for your digital content. Do not share usernames and passwords, just let them know that you’ve created a document with detailed information about your digital possessions and tell them where you will keep that document once you print it out. A logical place for it would be with your will or other important papers. Do you know someone who can act as your digital personal representative? Maybe you have a favorite geek who could help your legal representative. Write it down.

Also, leave instructions about who to email about your death. Your email contact list could be lengthy, so it may be wise to print the list and cross out the names of the people you don’t want contacted.

Planning is tedious but crucial and your heirs will appreciate your considerate forethought.

Happy New Year from the Law Office of Debra G. Simms!

Debra G. Simms
To contact attorney Debra G. Simms, P.A. in Port Orange or New Smyrna Beach, FL please call 877.447.4667.

Estate Planning Law

You should periodically review your documents to make sure they are up to date.  Has your family situation changed due to divorce or the birth of a grandchild?  Do you need to change the people you have named as your fiduciaries? (Executor/Personal Representative) Who is your agent in your Power of Attorney?  Is that still the person you most trust?
Sometimes documents need to be changed to conform to new laws.  For example, the new health privacy rules may require a change in your Advance Health Care Directive or Power of Attorney?  Does your Living Will include your wishes concerning food or water even if there is no hope of recovery?  Have you planned to reduce estate or gift taxes?
Call our offices for a consultation to determine whether you need to revise your existing documents. For a estate planning consultation call 1-877-447-4667
Debra G. Simms
To contact attorney Debra G. Simms, P.A. in Port Orange or New Smyrna Beach, FL please call 877.447.4667.

Contact Us

Port Orange Office:
Prestige Executive Center
823 Dunlawton Ave. Unit C
Port Orange, FL 32129
Local: 386.256.4882