Where There’s A Will, There’s A Way … To Ease Your Mind

A client called to ask if I could help her with an issue that affected her husband, from whom she was legally separated.  I’ll call her Delia (that’s not her name, though) and the separated husband Wes (that’s not his name, either). 

Delia was concerned that Wes’s siblings were planning to take control of Wes’s resources, remove him from the private home where he was receiving personalized and excellent care and place him in a sterile and anti-septic nursing home.  Wes would have been very unhappy to make that move and was very clear about his desire to be where he was already well tended to and happy.

I neglected to mention one thing: Wes was suffering from multiple sclerosis and by the time I met him, the condition had firmly taken hold of him.  He had good days and some bad days, but he was able to express himself well enough that he could participate in, and direct those around him to, draft his last will and testament and other end of life documents.  That’s where I came in to the picture.

Delia and the wonderful people who had been caring for Wes were being frustrated by Wes’s siblings.  The siblings were insisting they knew best for Wes and that they should be allowed to care for him, as they saw fit.  The extra twist to this story is Wes’s siblings had essentially cut him out of any inheritance from their mother’s estate.  They “promised” her they would see to him (he had begun to experience the multiple sclerosis before she died) if she left Wes out of her will.

Delia was wary of the siblings’ way of caring for their brother and asked me to not only intervene in a bit of a dispute about Wes’s siblings’ conservatorship of him, but to also create a defense against any further incursions by Wes’s siblings on Wes’s ability to make his own decisions.  That is exactly what I did.  Satisfied that Wes not only understood the questions and conversations he and I shared, but that he was making the decisions regarding his estate, wishes and personal effects of his own volition, I drafted his will, power of attorney and a medical directive (living will) that served to empower the wonderful people who were caring for Wes to be the ones to assist him in living out the last days of his life as he saw fit.

Wes left us this past winter.  He was the first client of mine who is no longer with us.  Yet, Wes’s last days were happy ones and, I believe, his mind was more at ease knowing that he was in control of the last days of his life and that his wishes were honored to the fullest possible extent.  We all eventually will shuffle off this mortal coil.  How prepared we are makes a great deal of difference to not only us, but to those who love and care for us.  Contact the experienced Connecticut attorneys at The APEX Law Firm at 860 893 0558 to plan for that day that comes to us all.