A condition as serious as cancer can create strain on your family’s physical, psychological and financial resources. How you weather this difficult time will have an impact on your family’s present and future well-being. You and your spouse with cancer will have many adjustments to make. You may face challenges to meet basic living expenses on one salary; to pay for extras not covered in your insurance plan; and to preserve investments for the future. Whether you are caring for your spouse or for an aging parent with cancer, your role as a caregiver will likely include helping the person with cancer plan for and make legal and health care decisions. As early as possible after learning your family member’s diagnosis, set aside some time for legal and financial planning.
Legal Priorities
New health care privacy laws require written documentation that you, as the caregiver, are authorized to discuss a family member’s care with health care providers. Whether you are caring for your spouse or your parent, make sure that this documentation has been filed with each physician’s office. In addition, legal experts say, it is advisable to have advance directives in place. These are notarized legal documents that stipulate a person’s preferences for health care decisions and distribution of property and assets.
Some couples feel comfortable drawing up legal documents on their own. Others may already have an attorney, or wish to find an attorney, to act as advisor and intermediary. A traditional will may be sufficient to ensure that property is distributed according to a person’s wishes, but make sure your spouse’s will follows the rules for validity in your state. If you and your husband have considerable assets, you may save on tax liabilities and delays caused by probate if you have an attorney prepare a trust which holds your assets. In preparation for a visit with an attorney, make a list of your current assets and liabilities. You and your husband should also discuss who you would designate as trustee of your estate, and as guardian of your minor children should something happen to both of you. When your spouse has cancer, it is also important to discuss his preferences for health care decisions that are typically included in an advance directive (see definition below). Your local bar association, listed in the yellow pages, can furnish referrals for attorneys who specialize in both health care law and estate planning.
