The Law Firm of Lisa Chan

Thank you to all those who have fought and fallen to defend our freedom! Today we remember you! #memorialday #rememberthefallen #rememberthefallenheroes

Don't Keep Your Health Care Document a Secret! It is imperative for each of us to have a power of attorney for health care, aka, Health Care Directive communicating our wishes in case we become ill, incapacitated, or unable to communicate with our health care providers. Under California law, an adult having capacity may execute a power of attorney for health care. The power of attorney for health care may authorize the agent to make health care decisions and may also include ...individual health care instructions. The individual instruction may be limited to take effect only if a specified condition arises, such as when a doctor determines that you are no longer competent or can no longer communicate your wishes. The principal in the Health Care Directive may grant authority to make decisions relating to the personal care of the principal, including, but not limited to, determining where the principal will live, providing meals, hiring household employees, providing transportation, handling mail, and arranging recreation and entertainment. Additionally, if the principal chooses not to limit the authority of the agent, the agent will have the right to: (a) Consent or refuse consent to any care, treatment, service, or procedure to maintain, diagnose, or otherwise affect a physical or mental condition. (b) Select or discharge health care providers and institutions. (c) Approve or disapprove diagnostic tests, surgical procedures, and programs of medication. (d) Direct the provision, withholding, or withdrawal of artificial nutrition and hydration and all other forms of health care, including cardiopulmonary resuscitation. (e) Donate your organs, tissues, and parts, authorize an autopsy, and direct disposition of remains. As we have the Shelter-in-Place order effective in our community, now it is a good time to talk with family members about our end of life and emergency health care wishes, spend some time considering just what our wishes are. While the conversation can be in person, by FaceTime, Skype, Zoom, or a conference call, it is helpful to share with everyone at once. This gives those we love important information about what we would and would not want, and because these wishes are shared with a group of people, the health care agent should have more support in making challenging decisions on our behalf. Ideally, each of us will revisit this conversation with our families regularly - many families plan to discuss it annually, when we are together during the holiday season. Do you have a current Health Care Directive? Are your designated agents identified to serve on your behalf if you become incapacitated? Have you had the conversation with your family? What resources have helped you in that process? If you have questions about probate, estate planning, will and trusts, please feel free to contact me.

Estate Planning and COVID-19 Today, our world feels very scary; the spread of the coronavirus has isolated people, especially elders. Each of our daily routines, schedules and activities have all been upended in the last couple of months to help prevent the spread of the Coronavirus COVID-19. My first priority is the health and safety of my clients. I serve clients of all ages, including vulnerable citizens such as seniors, those who are ill, disabled, experiencing mental hea...lth challenges and children with special needs. It is important for me to make myself available to each one of you during this difficult time. Your Durable General Power of Attorney and Health Care Power of Attorney can be very important in times like these. Your Durable General Power of Attorney allows your appointed agent to deal with third parties with respect to financial and other matters. This could be important in dealing with professional advisors, such as your accountant or financial advisor. Your Durable Health Care Power of Attorney allows your agent to make health care decisions for you as necessary and, perhaps more importantly, allows your agent to receive protected health care information from health care providers under the HIPAA privacy regulations. Simply having those documents on hand can be comforting in uncertain times. Although I cannot meet you in person in my office due to the current Shelter in Place order for the residents of Santa Clara County, I can connect with you via email, phone, Facetime or Zoom. I am available to help. I can ensure that you will have a peace of mind when a well-considered estate plan and its constituent parts are in place for you. I am hopeful that we can return to our normal life soon.

You need a will now more than ever. As COVID-19 (Coronavirus) continues to evolve here in the U.S and around the world, you need a will now more than ever. Writing a will allows you to decide who will inherit your assets when you die and, if you have minor children (ones younger than 18 in most states), who will raise them if you die and their other parent is deceased. If you die without a will, however, your state will make these very important decisions for you (a default will). What your state decides may in no way reflect your wishes. It could create conflict within your family and cause economic hardships for the loved ones you leave behind. Life is extremely fragile right now, and the consequences of dying without a will have never been more profound. If you need any legal advice, give me a call.