My mother recently read an article that got her very upset. Actually it got seniors across the nation very upset, and the funeral home received hundreds of telephone calls and visits. She asked me to go to the cemetery with her to check on her graves and make sure they were still there and unoccupied! I was shocked.

This did bring up several interesting thoughts. Death is a really difficult thing to think about, but a necessary part of life. The most important issue confronting us in middle and later life is the legal and financial issues of dying. First, you can decide where you want your asset to go. Second, you can decide your medical choices and designate a trusted person to speak on your behalf. Last, you can be assured that you have done everything possible to protect your family in the future when you are not available.

Legal Considerations

-Wills and Estate Planning. A will is a legal document that allows you specify how your assets should be divided and how custody of your children, if you have minor children, should be handled upon your death. Wills are an alternative to default methods determined state-by-state. Wills are a way to avoid the lengthy and expensive process called probate. Probate is a process about proving the existence of a valid will and deciding who will receive the estate when a person dies without a will. Probate is a period where the court makes plans to place minor children with guardians and distribute your assets. This process can take many months or even years.

-Health care Directive. A health care directive (this is also known as a living will) is a legal document where you to state your desires about whether 'heroic' measures or extended medical care that might be taken to prolong your life should you become incapacitated and unable to speak on your own behalf. Your primary care doctor should be given a copy of your health care directive.

In addition to having a Last Will and a Health Care Directive, my mother prepared a funeral plan. Yes, this can seem pretty morbid, but there are so many details that need to be taken care of at the time of your death, that taking care of the planning early can spread out the cost of a funeral and burial (which can average $8000), reduce pain and suffering to your family members, and spare your family the difficulty of having to make choices when making choices are difficult to make

You should be very careful if you chose to prepay your funeral plan. Financial planners advise against prepayment, because you risk that the funeral home will still be in business on the day they are needed. Financial advisors recommend that a specific fund be set aside for this purpose. There are, however, reputable funeral homes that have manageable prepayment plans that can be paid out over a number of years, if need be.

It is hard to talk about advance planning with loved ones, as you arenever supposed to die! Believe me, having this discussion with my mother was not comfortable. I did not enjoy spending the morning at the funeral home going over funeral plans. However, if you have particular religious beliefs (for example, a taboo against cremation, or you would like a secular funeral instead of a religious one), emotional beliefs (for example, you want a song played or donations to your favorite charity instead of flowers), then you need to let your family or the person who will be doing your funeral planning know your wishes.