Most of us plan for the big events in our life such as holiday celebrations, birthdays and anniversaries, vacations and even the weekend. But when it comes to aging…many of us have no plan at all!

With the coming of a new year and what promises to be significant changes in our country, it’s time to make sure that we have plans in place to assure that we age comfortably and safely. Life is complex and as we age, for many of us, it gets more complicated especially dealing with age-related health conditions; loss of friends and family; and, cognitive and mobility issues.

As we get older, the years seem to roll by more quickly and we hope for the best…but getting the best requires careful planning. Surveys and research studies indicate that most older adults want to “age-in-place” — the ability to live in your own home and community safely, independently, and comfortably, regardless of your age, income, or ability level. To successfully age-in-place requires careful consideration of your finances, housing accommodations, downsizing, caregiving needs, health and wellness, transportation availability, late-in-life decisions and making the most of an age-friendly community.

Developing An Aging Plan — The Big 4

Let’s start with the basics. Regardless of our age there is a set of documents we all need to make sure that our wishes are respected and carried out when we can no longer speak for ourselves.

Health Care Proxy

A Health Care Proxy is a legal document that gives a person you choose, called your Health Care Agent, the power to make healthcare decisions on your behalf if you are not able to do so yourself. Your Agent is your advocate and has the legal power to talk with your physicians and other care providers and make decisions to get you the care that matches your values and choice

Personal Directive (Living Will)

According to Honoring Choices, “A Personal Directive (also known as a Living Will) is a document where you write down what's important to you and give your Agent, family and care providers information about the care you want and do not want.” In Massachusetts, your Personal Directive is not legally binding. However, since the directive provides clear evidence of what you want and do not want for care it’s considered an essential part of your health care planning. Your written directive is a an important document that you can use to start a discussion with your family and others about your health care wishes. It also can provide instructions for your Health Care Agent

Durable Power of Attorney

A Durable Power of Attorney is a legal document that gives someone you trust the power to make decisions for you if you’re not able to do so yourself. The word “durable” means it stays valid even if you become mentally or physically unable to manage your affairs.

The person you choose (called your Agent or Attorney in Fact) will have the authority to manage your financial matters such as bank accounts, paying bills, managing your property, and making financial decisions, depending on what “powers” or authority you specify in the document. It’s a way to make sure someone you trust can help you when you need it most. Although not required by Massachusetts law, a Durable Power of Attorney is usually completed with the help of a lawyer.

Heavy Stuff!

Selecting a Health Care Agent, writing a Personal Directive and finalizing a Durable Power of Attorney can be intimidating and emotionally challenging. All of these documents are meant to help us as we age. But…it requires having a dialog with loved ones about our future needs as well as dealing with a loss of control. Heavy stuff, but very important!

I am in my 80s and my wife and I have had ongoing conversations about these issues. We have updated our Health Care Proxy and Durable Power of Attorney documents and discussed our wishes with our family, including our Health Care Agent and Attorney in Fact.

Interestingly, although my family and close friends are aware of my wishes, I have not written a Personal Directive. I have the papers on my desk but somehow never seem to have the time to fill them out. Heavy stuff indeed!

One of the best resources to get information about these documents is Honoring Choices Massachusetts, which you can access here.  

Will

A will is a legal document that states how you want your money, property, and possessions to be distributed after you die. Your will can also include other instructions, such as naming an executor to carry out your wishes or appointing a guardian for minor children, if appropriate. In Massachusetts, a will is only valid if it is a written document, signed by the person who created it, and signed by two witnesses. Without a valid will, Massachusetts law determines how your property is distributed, which may not align with your wishes.

In Massachusetts, you can create a will yourself using online resources or pre-printed forms, as long as you follow the proper legal requirements like having two witnesses sign. If your estate is complicated, you have assets in multiple locations, or your family situation is complex, hiring a lawyer may help avoid potential legal issues. Your lawyer can advise you on estate planning strategies, ensure your will is legally compliant, and minimize the risk of anyone contesting your will.

I recently needed to update my will and decided to try the online organization FreeWill that a friend recommended. My estate is very simple—one house, one heir and one retirement account! It took about 30 minutes to complete my new will and section by section it was consistent with the will I was updating. However, if I needed any estate planning advice I would have had my lawyer do the preparation.