‘Stroke Protocol’ — A plan for catastrophe!

My grandfather had a stroke when I was about 11 or 12 years old. When we visited him in the nursing home, my grandmother said, “Go ahead and talk to him. He understands what you are saying. He just can’t speak or move!” I was horrified that it was possible to be trapped inside your body. I know that is the worst-case scenario for stroke victims and their families, but any type of impact that leaves you unable to recall, remember or communicate effectively is disastrous. So that’s why we all need a “Stroke Protocol.”

With that memory of my grandfather, my wife and I sat down one day and had the not-so-pleasant discussion about what needed to happen in the event that something should happen to one of us that left us unable to communicate or incapacitated.

In a nutshell here, are the core steps we took:

• Step 1 — Execute durable powers of attorney for each other. Even if I am incompetent, she can act on our behalf without going through a costly and time-consuming guardianship proceeding in the court, (thousands of dollars and several months). We also have health care surrogate designations and living wills.
• Step 2 — Establish a revocable living trust with both of us as trustees. After putting our assets into our trust, (including out-of-state property), if I “stroke out” she is still a trustee and has access to all the “stuff.” They are great asset protection devices and will avoid probate proceedings for their contents. (Think of cookies in a cookie jar versus cookies sitting on the counter. Trust “cookies” avoid probate court the others usually don’t.)
• Step 3 — Know the law or have your attorney on speed dial. Remember, spouses are not liable for the separate debts of the other so my wife knows not to get too worried about paying things like my separately issued credit cards.

With a little bit of preparation, you can take a lot of fear out of the future, and God knows life can be scary enough without the shock of losing your spouse.

If you have any questions (and there are no bad questions!) feel free to give my office a call (904-824-4278) for a free consultation or contact any attorney you feel comfortable with discussing the plan for your own “Stroke Protocol.”