Imagine, if you will, a delicious pie, warm and fragrant, just coming out of your grandmother’s oven. Those were the days when pies were homemade! Hopefully, your grandmother made her pies knowing that her financial planning had been done and her affairs were in order, and she could just enjoy her time with you.
This pie, if you will, is a part of her overall wealth management plan, and, for our purposes today, represents Estate Planning. (I know it’s a stretch with the pie metaphor, but why not make estate planning sweet and delicious while discussing it?) One half of the pie is will-based planning, and the other half is trust-based planning.
Now each half also has its slices. In my last blog, we reviewed one slice of the will-based half, the last will and testament. The remaining two slices of the will-based half will be discussed today: health care directive and durable power of attorney.
A health care directive, sometimes called a living will and power of attorney for health care, is a written document that informs others of your health care wishes. It allows you to name a person (or “agent”) to make decisions for you if you are unable to do so.
In most states, anyone eighteen or older can make a health care directive. A health care directive is useful if you become unable to adequately communicate your health care wishes. The directive guides your physician, family, and friends regarding your care at a time when you are not able to provide that information.
While you will still receive medical care without a health care directive, it will help you get exactly the care you would like, particularly near the end of your life when your interests may not be the same as those who survive you.
Before doing a health care directive, think about your goals, values, and preferences about health care, such as the type of treatment you do or do not want—for example, intubation or the use of feeding tubes.
You should also consider whether you want to donate organs, tissues, or body parts. You can also include wishes for funeral arrangements. A health care directive can be general or specific, but you should include the following information:
1. The name of the person(s) you designate as your agent or joint agents to make health care decisions for you and alternate agents in case the first agent is unavailable
2. Directions to joint agents, if assigned, regarding the process or standards by which they are to reach a health care decision
3. Your goals, values, and preferences about health care
4. The types of medical treatment you want or do not want, including instructions about artificial nutrition and hydration
5. How you want your agent(s) to make decisions
6. Where you want to receive care
7. Your preferences regarding mental health treatments, including those that are intrusive through the use of electroshock therapy or neuroleptic medications
8. Your desire to donate organs, tissues, or other body parts
9. Your funeral arrangements (for example, burial or cremation)
Take the time to make your document personal so that it reflects your wishes. Give a copy to your doctor and/or health care agent, and keep a copy handy at home and at work.
A power of attorney form is a document in which you authorize somebody to act on your behalf regarding financial decisions. This person is known as the attorney-in-fact.
You can determine how much power the person will have over your financial affairs. A “durable” power of attorney is one that remains valid even if you become incompetent or incapacitated.
You can design it to take effect immediately or stipulate that it only goes into effect when you become unable to make decisions for yourself. This is known as a “springing power of attorney.”
You can choose to give your attorney-in-fact power to do some or all of the following:
1. Use your assets to pay your everyday expenses and those of your family.
2. Buy, sell, maintain, mortgage, or pay taxes on real estate and other property.
3. Manage benefits from Social Security, Medicare, other government programs, or civil or military service.
4. Invest your money in stocks, bonds, and mutual funds.
5. Handle transactions with your bank and other financial institutions.
6. Buy and sell insurance policies and annuities for you.
7. File and pay your taxes.
8. Operate your small business.
9. Claim property you inherit or are otherwise entitled to.
10. Hire someone to represent you in court.
11. Manage your retirement accounts.
As we conclude this blog and the series on tax strategies to maximize savings, I want you to remember that tax planning is not just for tax season. You don’t do some planning and forget about it. It’s important to think about tax planning in the same way you think about investing.
The idea of meticulous planning, building on this plan, creating an investment strategy, and executing and monitoring it also applies to tax planning. This is particularly important when there are major changes in tax laws.
Ask yourself, what type of tax planning you have done this year with the tax CPA on your dream team . If you don’t have a tax CPA on your team, you’ll need to have basic knowledge and keep up with tax laws so as not to overpay your taxes.
Second, ask yourself what your federal marginal tax rate was last year, and identify how much more taxable income you can earn before you reach your next tax bracket.
Review and identify two actions you can take now to potentially improve your tax situation next year and into the future.
Remember, tax planning is not only for April. It means all-year-round planning and even multiyear tax planning using projection tools.
I know reviewing these tax strategies may have felt like a long race for you. Thank you for pushing through and absorbing all my tips and strategies. I encourage you to take one step at a time, or like in a marathon, one mile at a time. Your finish line equals maximizing your tax savings.
Have any of you ever run a marathon? What was the hardest mile for you? Let me know below.
Next time I will introduce a new topic, estate planning. I know it might sound unpleasant, but I promise to shed much light on the subject.