Many estate planning decisions confront an elderly person. These issues are not limited to the elderly or to those moving into an assisted living or full care facility. In fact, prudent planning requires that we consider them long before such a time. Human nature being what it is, however, important planning matters are often left until later in life, and they take on particular urgency when facing life-changing decisions, such as moving into an assisted living or full care facility.
On the surface, many of these decisions would appear to have only secular significance, and I have heard the excuse offered more than once that engaging in too much planning amounts to becoming “entangled in the cares of this world.” I would submit that many of these seemingly secular decisions carry very significant spiritual consequences—particularly for a good steward of the Lord Jesus Christ. Exercising good stewardship is the premise underlying this article, and it will briefly discuss one of the issues we all need to resolve sooner rather than later.
Perhaps the most urgent estate planning issue to settle is that of naming someone to make asset and health care decisions for you in the event you become unable to do so. This is generally accomplished by executing a power of attorney for property and a power of attorney for health care. Executing powers of attorney is a very simple planning step, but failure to take it has caused major problems and incurred significant costs for the estates of many.
If you fail to execute a power of attorney indicating the person or persons to make property and health care decisions for you in the event of disability, all such decisions will have to be made by a guardian appointed by the state. Assuming there is no dispute of disability, the process sounds deceptively simple: (i) an interested party files a petition alleging you are disabled and that a guardian should be appointed; (ii) the court appoints an attorney to represent you (to ensure nobody is taking advantage of you); (iii) a hearing is held to determine competency; and (iv) a guardian is appointed by the court. This is an intentional oversimplification of the process, and if there are any disputes over your disability or over who should be appointed to act as guardian, the process becomes very quickly complicated and expensive, not to mention humiliating by making your competency part of a public court proceeding.
In the end, all of the bills for the attorneys, doctors, and others involved are paid from your assets. In addition, you will not likely have input into who the court appoints to act as your guardian. Simple powers of attorney, which generally are inexpensive and easily executed, name the person or persons you wish to make decisions for you and will usually avoid the need for a guardianship. Combined with other prudent planning, such as a revocable living trust, powers of attorney can provide an effective protection against the complications, expense, and humiliation of a guardianship proceeding. Even if guardianship is required, some states’ statutory powers of attorney designate the agent named in that document to be appointed as guardian. Even if your state’s form does not provide for appointment of the agent to act as guardian, you have at least taken steps to indicate your wishes to the appointing judge.
Why would this have any spiritual significance? First, just as the Lord has entrusted certain assets to our stewardship, we need to take the steps to ensure we appoint prudent stewards to act in our stead. More often than not, one or more family members make for a good choice to act as guardian; but that is not always the case. Eli entrusted his keep (i.e., ministering as a priest before the Lord) to his two sons, which would have been expected under the custom of the day (1 Sam. 2). The Lord’s rebuke of Eli in chapters 2 and 3 would indicate that Eli was not constrained to appoint his sons, but he did. What was the result? It was disaster for Eli’s house (ch. 4).
Likewise, who we select to make decisions on our behalf for property or health care matters will reflect on our stewardship, both before the Lord and as a witness to the world around us. Without proper planning, someone appointed by a judge may make life and death decisions you would never have made. They will be deciding how your assets are to be used, and such assets may be put to ungodly uses without your knowledge or consent.
Powers of attorney are really the simplest and first step for planning in a way that becomes a good steward of the Lord. Many attorneys and others are capable of giving you the technical counsel needed to make sure minimal planning needs are met. But I would urge you to seek godly counsel in making even the simplest of estate planning decisions. Proverb 1:1 tells us, “Blessed is the man that walketh not in the counsel of the ungodly…” Godly counsel comes only from God’s people. Believers Stewardship Services and other Christian organizations exist to provide godly counsel to Christians as they seek to fulfill their responsibilities of sound stewardship in this area of life.