Estate planning is not only about death.  Rather, proper estate planning addresses the question of what happens if you become disabled.  Whether the disability comes from a stroke, heart attack, or tragic accident, it can occur.  Your question should be what will happen if you become disabled.  Who will act on your behalf, whether the disability is temporary or permanent?  Who will handle your personal and financial affairs?  Will they keep you on life support even though you have a terminal condition?  Fortunately, there are tools in an estate plan that ensure you are protected.

Financial Decisions:  The durable power of attorney is one of the most important estate planning documents.  If you become incapacitated, life goes on.  Bills still come due, taxes must be filed, and financial matters tended to.  With a durable power of attorney, you can designate the person to act on your behalf.  Without a durable power of attorney, your family may need to have a court appoint a conservator or guardian.  This takes time, money, and may result in a person you do not want handling your affairs.

Healthcare Care Decisions:  Mississippi law allows you to direct your physicians to take all measures necessary to prolong your life or not if you have an incurable and irreversible condition that will result in your death or if you become comatose and are not expected to regain consciousness.  It is your right to choose assuming you have executed a Declaration of Intent. 

Additionally, in Mississippi you are allowed to appoint an agent to make your health care decisions should you become incapacitated. This is a Durable Power of Attorney for Health Care.    

All of these documents are important parts of an Estate Plan.