Many people believe that once they have been diagnosed with a terminal illness it is too late to do any estate planning. This is a misconception, whether it is Alzheimer’s, AIDS or cancer or some other debilitating or terminal disease estate planning can give the ill person a better sense over control over their life and the disease. The documents that a person with a terminal illness should consider executing are :

• Power of Attorney – will allow the ill person to determine who will handle his/her financial affairs when they are unable to do so.
• A healthcare power of attorney – directs who will medical decisions for you and outlines your wishes regarding medical treatment. This could be combined with a living will, which determines your wishes regarding end of life care. The person who directs your financial affairs and your financial affairs do not have to be the same person.
• Will or Trust – will direct how your property is to be distributed. This is especially important in gay relationships. A will can also provide for guardianship of children but is not binding on a court.
• Inter vivos guardianship – is set up during your lifetime and may be a better instrument for protecting your partner’s rights to your children. This is especially important in situations where grandparents may not have approved on your relationship and might seek custody of your children. Include an affidavit with that guardianship explaining your choice of one guardian over another to make sure a court would be aware of your reasoning behind your decision.

Choosing the right attorney is important in this circumstance because of the extra sensitivity of the issues involved. You need legal counsel that is experienced in end of life issues as well as one who has experience with non-spousal domestic partnerships.

Ryan, Hicks, Cumpton & Cumpton LLP is a member of the American Academy of Estate Planning Attorneys.