The One Conversation You Should Be Having

Jul 1, 2024

Take these steps to ensure you have trusted decision-makers in place should you—or your parents—become incapacitated.

Key Takeaways

  • While uncomfortable, it’s important to plan for who will make decisions for you, if you become incapacitated.
  • If you don’t appoint a Power of Attorney, your Financial Advisor will not be able to act quickly during a crisis.
  • Informing your family when you have chosen a key contact (whether Trusted Contact or Agent under a Power of Attorney) can help prevent resentment later.

Compile a list of uncomfortable hot button topics, and no doubt health and money appear near the top of the list. Combine the two, and it’s suddenly clear why so many people fail to lay the groundwork for financial planning in the event of incapacity. After all, who wants to address the difficult realities of old age or debilitating illness, particularly as it relates to finances?

 

As hard as it is to swallow, old age can rob you of hard-won independence. And at some point, we’ll all may face the reality that we’re unable or unfit to make important calls about finances and medical care.

 

Too often, though, we don’t proactively address these topics until it’s too late. Only 38% of investors have appointed a Trusted Contact whom their Financial Advisor can contact in the event of diminished capacity.1

 

So, what prevents many of us from preparing for outcomes that, intellectually, we know we’re all going to face?

Facing the Fear of Planning

“It's painful for people to confront the limits of their own mortality," says Thomas Mierswa Managing Attorney for Morgan Stanley’s Branch Advisory Legal Group. “For the most part, we recoil at the thought of ceding control to the debilitating forces of old age, so we choose not to plan for it.”

 

Another reason for delay is what’s has been dubbed “the positivity effect." 

 

“People begin to enjoy their retirement—their 'Golden Years'—and they want everything to be perfect. They don't want to recognize unpleasantness," Mierswa explains. “They're enjoying themselves, but as they're faced with the onset of physical and mental limitations, they begin to feel it all slipping away, and they don't want to address it. That holds true whether facing your own incapacity or that of a parent."

 

Indeed, for the Baby Boomer generation, denial applies not only to themselves but to their parents as well. “They tend to think they have all the time in the world. They think that it will never happen to them and that they will never be like their parents" says Mierswa.

It's a Matter of Planning—and Paperwork

Preparing for incapacity boils down to having the right documents in place to address future financial and medical matters if your ability to do so deteriorates.

 

More simply, it's about identifying people you trust—while you are still able—who can make decisions for you.

 

Your Morgan Stanley Financial Advisor can assist with a Trusted Contact Authorization Form, to identify one or more persons to contact if their client displays behavior indicating decreased capacity for making important decisions.

 

When you designate a Trusted Contact, you authorize a Financial Advisor to discuss your account with someone you trust. Importantly, designating a Trusted Contact does not authorize that person to act on your behalf. Naming a Trusted Contact is not the same as designating a Power of Attorney, which gives your Financial Advisor the ability to work with an authorized person who can act on your account.

 

Without a Power of Attorney in place, your Financial Advisor—upon identifying diminished capacity—may be unable to act during a severe market event or account-threatening situation. Instead, the Financial Advisor will have to wait for the court system to establish legal authority for someone to act on your behalf. Such a scenario is less than ideal: Once we've learned there is incapacity, we have to act cautiously—and oftentimes quickly.

They tend to think they have all the time in the world, and that it won't happen to them.

Take These Steps, Too

Mierswa recommends identifying people that you trust to know about your assets and other personal information. And he stresses that planning for incapacity is not entirely about financial assets. It's about planning for an entire estate, as well as for healthcare concerns.

 

It's equally important to identify someone who knows where to find all your vital documentation—insurance policies, bank account information, military records, and so on—so that it's easily accessible in a pinch.

 

Once you have identified the key contacts (whether Trusted Contact or Agent under a Power of Attorney) who will manage your assets, make health care decisions and administer documentation, share this information with key family members. In many cases, the choice of a key individual can hurt or surprise family members. Sharing this information early helps avoid potential future conflicts.

 

Plus, once you inform your family of whom you’ve named as a key person, you can introduce that person to your advisor. That way, they’ll already know each other, making it even easier to act quickly if necessary.

 

Finally, make sure to have all your other documents in place, including:

 

  • A standard will
  • A Revocable Living Trust, a legal entity created to hold ownership of an individual's assets
  • A Medical Power of Attorney for health care decisions
  • A Living Will to state your wishes for end-of-life medical care
  • A HIPAA Authorization allowing a loved one to view your medical records

 

A “Durable” Power of Attorney to allow your chosen representative to act on your behalf for financial, and possibly medical, decisions.  Keep all of these documents in one place, and make sure your family members know where to find them in the event of an emergency.

 

Protecting yourself and your family from an incapacitating event can be a complex process. Your Morgan Stanley Financial Advisor can help further explain all the steps you should take in anticipation of potential  incapacity. Talk with your Morgan Stanley Financial Advisor today or find one here. Don’t wait to get the conversation started on this important topic.

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