End of Life Planning Tips

End of Life Planning Tips

Hi, I am the Probate Judge for the Westport- Weston District. Many people want to know how to do end of life planning in CT:

1. Power of Attorney: A power of attorney (“POA”) is a document in which you, as the principal, give another person, your agent, powers to do things for you that you would normally do for yourself. For example, an agent may manage a checking account, or pay bills, or run a small business for you. Giving someone your POA does not mean that you cannot still do things for yourself- the power is IN ADDITION to you.

There is no registry for powers of attorney. A person has to possess the document in order to use it. So if you sign a POA, but do not give the paper to your agent, your agent cannot use it. Sometimes POAs are recorded on land records if a person uses it to sign a deed.

In CT, POAs are usually durable — that is, they will be effective even if the principal gets sick or incapacitated.

TIP: Remember that POAs are only for living persons. They are NOT effective after someone passes away. It is illegal for an agent to use a POA on behalf of a principal who has died.

2. Living Wills: A Living Will is an expression of your desire for end of life situations. Do you want to have all measures taken to extend your life? Do you want to be given only palliative care in case you are suffering from a terminal illness? These are the sentiments stated in a living will.

3. Health Care Proxy: A health care proxy is a document in which you appoint someone to make health care decisions for you. That person is called a Health Care Representative. Very often, the proxy will also include the same language as a living will, so that your Representative knows your wishes, in writing.

TIP: All these documents must be properly witnessed and sometimes notarized to be effective. Do not have the agent witness the POA.

Why Re-Elect Judge Lisa Wexler? Because she … ‌

• Changed the way real estate sales were monitored in our Court.
• Kept Court open full-time during the entirety of Covid. Judge Wexler attended Court five days per week. In-person hearings were resumed promptly after the crisis passed.
• Reduced legal fees of lawyers representing estates.
• Accommodated requests to hear matters at the home of persons who cannot come to Court.
• Appointed non-lawyers to fiduciary positions.
• Hired a superb clerk staff, including two attorneys.
• Initiated the availability of CDs of Court hearings.
• Opened the Court on Tuesday nights for free lectures.
• Advocated at the State Capitol on many issues affecting vulnerable persons.
• Brought therapy dogs to Court.
• Created a free, quarterly probate law newsletter.
• Became a successful mediator of disputes within the Probate Court system.
• Cares about the people in her courtroom.

What Are People Saying About Judge Lisa Wexler?

“As someone who has worked for many years inside our Superior Court and Appellate Court system while in law school and for the past 36 years as a lawyer appearing in multiple Courts before numerous judges, I’ve learned to distinguish between judges who are basically capable and those who are particularly exceptional. Having known Lisa Wexler personally and professionally for many years, I can confidently say she is among the best, most gifted jurists I’ve known.” — Mark Soboslai, Attorney, Westport, CT

“With five children including a cherished, highly disabled member of our Westport community, we always agree on one thing: When those in greatest need in our society need a champion in their corner to ensure their brightest possible future despite their seemingly insurmountable challenges, Lisa Wexler springs to mind and action. It is an obligation and honor to return her to our Probate Court, where her efforts deliver such futures for our families!” — David A. Browne and Lynda Kommel-Browne, Westport, CT

“A Probate Judge truly for all. Judge Lisa handled my daughter’s gender change documentation very professionally. Judge Lisa provided valuable information and guidance throughout the process. She knows the law and shares her expertise and research. Of, by and for the people — that’s Probate Judge Lisa Wexler.” — Marla Cowden, Westport, CT

“Judge Wexler is the most inspirational woman I’ve ever met. Working with her was an honor and a privilege.” — Devin McGinnis, Weston (age 17)

“I supported Judge Wexler since her first run for office. She is an outstanding Judge and I continue to support her.” — Joe Mioli, Former Westport State Representative

“Lisa Wexler has proven over and over that she looks to those coming to her court to understand the issues, often subtle, that they need to be aware of to be sure there is a sound outcome. But her thoughtfulness goes beyond the courts. She is a giving, thoughtful participant in our community too.” — Dallas Kersey, Weston

“No matter your political preference, Lisa is a one-size-fits-all woman of substance, brilliance and integrity. Lisa’s track record has remained consistent throughout the years.” — Judith Marks-White, Westport

“It has been so easy to work with Judge Wexler in my capacity as conservator for my family member. Her understanding and flexibility makes doing this detailed paperwork less stressful.” — Luisa Francoeur, Westport

“Our Probate Court handles some of the most difficult issues many of us may ever face, from custody disputes to guardianships to the appointment of a conservator. That’s why it is critical to have a Probate Judge who not only has a keen understanding of the law, but the compassion and kindness to help people get through difficult times. Lisa Wexler is such a Judge and for the past 9 years has done an extraordinary job leading our Probate Court. I am proud to endorse Lisa for re-election and hope you will join me in supporting her.” — John McKinney, Former State Senator, Westport