Who decides for you?

By Beth Newcomb

Elaine Esposito has an unsettling claim to fame. She’s listed in the Guinness Book of World Records as holding the record for the longest coma. Elaine lost consciousness following a ruptured appendix in 1941, and, 37 years and 111 days later, died in that condition.

It’s not the first controversial coma case, and it certainly won’t be the last, but if you get your ducks in a row, says Jay Nabors, a Cleveland-based attorney who focuses on estate planning, you can avoid the lingering question that may have plagued Elaine’s family: Is this what she would have wanted?

“This is the perfect time of year to make sure you have a healthcare power of attorney and a living will, should you become incapacitated,” says Jay. “The healthcare power of attorney appoints someone to make decisions regarding your health on your behalf. A living will spells out your wishes, so there isn’t any guesswork.”

Jay also says implementing a financial power of attorney is equally important. “If something happens and you aren’t able to work, or you aren’t conscious, this document gives the power to pay your bills to someone you trust.”

It’s important, says Jay, because if your medical bills skyrocket or you’re unconscious for an extended period of time and funds are needed, like those in your retirement account, they can be accessed. And if your spouse isn’t joint on your accounts, he or she does not automatically have the authority to access them unless the financial power of attorney is in place.

Jay is a partner with Weston Hurd LLP. He sees clients at the firm’s office in downtown Cleveland, in addition to meeting with clients in Strongsville upon request. Mention this story when you schedule an appointment. House calls and select evening appointments are available.

To reach Jay Nabors of Weston Hurd LLP, call him directly at 216-687-3205. His office is located at 1301 E. 9th Street, Suite 1900 in downtown Cleveland. Jay can also meet clients at 11221 Pearl Road in Strongsville.