Imagine this. You vacation every summer in a foreign country for 3 months. Say in Northwestern Canada where you were born and where your extended family resides. But you reside in California with your wife and where your sons are also located with their families.
Imagine this. You get sick in Canada and need immediate medical attention. So you travel to Maine as that’s the closest US state for you to receive medical care. Your family in Canada drives you to Maine. You get admitted and now you are not cleared for release anytime soon. They think you had a heart attack. No wait, they think you had a stroke. Now you are not talking and appear delirious. In any event, you are not getting released any time soon and certainly you are not in any shape to travel by plane (what airline would let you board?) and a car trip across the country would be impossible in your condition even if someone drove you home.
So now what? We hope that you have valid estate planning documents in place so your family can manage your finances while you are hospitalized.
But you don’t have estate planning documents. You don’t have a durable power of attorney. Your family – in order to seek control of your bank accounts or other assets – will need to get a court ordered conservatorship so they can be in charge while you are alive and not well. You see, estate planning documents cover these kinds of things. But if you don’t have it – then court is the only option.
But here you are in Maine and not in California. What court do we file for the conservatorship? That’s going to be an expensive attorney question! You do care what happens when you are alive and not well. So get your estate planning documents lined up!
This is based on real facts from a real situation. You just never know when you may need these documents. For a complimentary consultation, reach out to our estate planning attorneys in our Long Beach and Irvine offices.