When most people think about estate planning, they immediately think about a Will. A Will is an

instrument you can use to make sure that your last wishes are fulfi lled after you are dead. It will let the

world know who you wanted to leave your assets to and who you did not want to leave assets. It is a

document that becomes operative to protect your estate only after you die. What about while you are

alive? How do you protect yourself while you are alive?

While you are alive there are many other issues concerning your estate or the estate of a love one that

need to be considered besides a Will. As a court appointed attorney who works in the Probate Court

for the District of Columbia, I have seen how a person’s rights can be undermined simply because of

poor planning. The loss of your loved one’s freedom can be protected by having a good lawyer draft

important estate documents that give you and your loved ones greater control over their lives.

One of the most important documents that should be considered is the Durable Power of Attorney.

This document can be narrowly tailored for things such as a fi nancial matters or it can be a broader

document that encompasses fi nancial matters, business matters, real estate matters and so on. The

important thing about the Durable Power of Attorney is that it lets you choose who you want to handle

your personal affairs as opposed to the courts deciding for you. There are any numbers of reasons

your loved ones may be pulled into the system. A situation may arise where a bank offi cer feels that a

customer can longer handle their fi nances, so the offi cer may decide to contact Adult Protective Services

(APS). This can trigger an investigation and a government offi cial may decide to petition the court to

have your loved one deemed mentally incapacitated. A hearing will be held on the issue of your loved

one’s mental capacity, and if he/she is deemed mentally incapacitated the court will appoint a Guardian

(a person to handle your personal matters) and /or a Conservator (a person to handle the loved one’s

fi nancial matters). These representatives are hard to get out of your life once they are appointed by the

court. So it’s best never to invite them into your life in the fi rst place. If you have a good Durable Power

of Attorney that designates a concerned family member or friend as the Guardian and/or Conservator

this can help in preventing the court from appointing a stranger who may not have your loved one’s best

You should also consider collateral planning, such as having a Living Will, Health Care Durable Power

of Attorney, and Trust drafted.A Living Will lets you give directions concerning what medical treatment you want

and don’t want in the absence of your ability to do so. A Health Care Durable Power of Attorney (HCPOA) is intended

to allow an agent to make healthcare decisions for a person when/he she becomes mentally or physically

unable to make health care decisions. Finally, you may also want to consider a Trust. A trust is a

document that allows a person (Trustee) to act on behalf of a benefi ciary.

Don’t wait until something bad happens (family member is arrested, or taken to the hospital, or a

concerned person contacts the government) to protect yourself and/or your loved one’s estate. Act

now!

The writer is an attorney with over 20 years of experience. He has practiced law in the Superior Court

of the District of Columbia - Probate Division for over 7 years. He is available to draft estate documents,

represent clients in Will contests and Guardianship and Conservatorship matters. He may be reached at

the contact information below.

Andrellos Mitchell

Attorney & Counselor at Law

Law Office of Andrellos Mitchell

717 D Street, NW- Suite 300

Washington, DC 20004

202-271-9400