Previously, a potential client reached out to me wanting to talk about wills or trusts. I would explain that an estate plan is so much more than just the will. It’s taking a big picture look to make sure that things are in place no matter what happens – making sure the client’s wishes are followed and things are as easy as can be for their loved ones. Almost all of these initial conversations would include the phrase “I’ve been meaning to do this for years” or “I know I really should have a will.” We would identify information that needs to be gathered and a few things to think about before we moved on to a planning session.

While some would move quickly to that planning session, most would take some time – a couple months or even a couple years.

At the planning session we dig deep into the client’s wishes. It’s not just about who they want to receive assets and who they trust to handle the estate. It’s not just about what happens upon death, but also what happens if the client is incapacitated. First we identify all the people they trust to take care of things for them and all the people they wish to leave their estate to. We discuss backup options and select a first, second, and third choice for everything. Often we joke about a “zombie apocalypse” and think about who should receive the estate if all the people they really want to leave it to are gone. For parents of minor children we talk about not only who would raise the children in case both parents have died, but also who can step in quickly to care for the children temporarily if the parents are unable to do so.

And then we talk about the Health Care Directives and end of life planning. What type of medical care does the client wish to receive? If the end is imminent, what should be done? When it comes to funeral arrangements, what does the client want? These conversations can be difficult, but putting things in order can provide comfort to grieving loved ones who know they are doing what the client wanted. While these decisions are all so personal, there are common themes throughout:

• I want my family there with me.
• Give my loved ones a chance to say goodbye before you let me go.
• I want a traditional catholic funeral and burial service.
• Throw a big party to celebrate my life with all of my friends and family.

In over twelve years of practice never once have I had a client say I want to die alone. Never once has a client requested there be no gathering of any sort in their honor.

But that is the current reality for families around the world. As this novel coronavirus spreads across the globe, visitors are no longer allowed in hospitals and gatherings (including funerals) are no longer being held. It’s not just the COVID-19 patients dying alone, it is everyone. Grieving families are left in the wake; unable to gather, have a funeral, or share a comforting hug. In cities hit hard by the coronavirus funeral homes are overwhelmed. Bodies are sitting and waiting for days before they can be handled.

This is not what anyone wants for themselves or their loved ones.

The end of life wishes are not the only thing changed by COVID-19. This highly contagious virus is spreading like wildfire through families. If the parents get sick, will those guardians still be willing and able to care for the kids? While three choices for an agent used to feel like more than enough, now it may not be.

What once was a joke about the zombie apocalypse may become a reality for some families.

As schools closed and stay at home orders issued I retreated into my home anticipating a slow down with work. Instead the phone calls and emails increased. Estate planning was no longer something to do when we get around to it, it was something we need to do right now. The delay between initial conversation to planning session has disappeared.

Never before have I seen such a sense of urgency when it comes to estate planning.

Here in Minnesota it might seem to some that we are safe. Stay at home orders are working. We have yet to see the hundreds or thousands of deaths crippling places like New York, Louisiana, or Michigan. But for many watching the news or working the front lines, we don’t feel safe. We see it coming. We rush to complete those estate plans. We settle into the isolating world of social distance. We do whatever we can to keep ourselves and our families safe.

We hold on to hope that some day far in the future when death or incapacity does come, our wishes can be followed.

We hope that the people we want to handle things will be there to do so and that the people we want to leave our possessions are still here to receive them. We pray that nobody we love will have to die alone in the hospital and that all of these beautiful funeral plans can someday be used, complete with family and friends and comforting hugs. This is estate planning in the time of COVID-19.

A Health Care Directive will provide your family with peace of mind, knowledge of your wishes, medical directives, information, and avoid potential fights or the need for court proceedings. Without a Health Care Directive your family could find themselves struggling to get information on your condition and fighting over who speaks on your behalf.  Your loved ones could find themselves second guessing decisions that have been made and dealing with guilt over those decisions.  Worst case scenario your family could spend years and thousands of dollars in court fighting over your health care options.

Contrary to popular belief, a Health Care Directive is not just for the old and sick – ALL adults should have a one.  (The contentious court cases involving end of life healthcare decisions that we hear about in the media all involve younger patients – Terri Schiavo was not even 30 years old when she fell ill.)  In fact I encourage all parents to make sure their children have a valid Health Care Directive as soon as they turn 18.

Because I so strongly believe in the importance of Health Care Directives I wrote a book, Why Every Adult Must Have A Health Care Directive, that I am very excited to announce has just been published. In my book, I explain what a Health Care Directive is, why it is important for all adults to have one, and the 8 simple steps to take for complete Advance Care Planning. I have also included a free Minnesota Health Care Directive form in the book (which is also available online at www.lewisklaw.com/mnhcd).

Why Every Adult Must Have A Health Care Directive is available for purchase at Amazon.com and as an ebook through Kindle. To celebrate its release, the ebook will be available for free March 26th through March 30th. The book and a free Minnesota Health Care Directive form is also available through my website at www.lewisklaw.com/mnhcd.

Providing unbundled family law and estate planning services online.

I am excited to announce the opening of Lewis Kannegieter Law, Ltd. Online – the new virtual arm of the firm where I will be able to provide unbundled family law and estate planning services online.

Unbundled (or limited scope) legal services allow budget conscious consumers to hire an attorney for a specific, or limited, purpose, as opposed to hiring an attorney for full-representation on all matters of the case. The client otherwise is representing him/herself and proceeding pro se. As the client only pays for a chosen service, this can be particularly helpful for clients with limited funds who do not qualify for a pro bono attorney, but who still need the advice of an attorney.

Unbundled legal services come in many forms and can include drafting of documents, review of client provided documents, advice, and coaching on your matter. An unbundled retainer agreement should clearly lay out the services the attorney will perform, and the responsibilities of the client.

Thanks to the power of technology I am able to provide unbundled legal services securely online. With the virtual firm Lewis Kannegieter Law, Ltd. will be able to serve clients throughout the state of Minnesota.  We will continue to offer our full representation services from our Monticello office.

If you are interested in learning more about the unbundled services I can provide in your case, please check out Lewis Kannegieter Law, Ltd. Online or contact me.