Written by McD

Estate Planning

A gift in your will helps to ensure the future of Bishop McDevitt High School.  If you are writing a new will or adding a codicil, you may wish to share the following sample bequest language with your attorney.

"I give and bequest to Bishop McDevitt High School, a Catholic High School in the Diocese of Harrisburg, PA...

• [specific amount]  the sum of ____dollars ($____)
• [or pecentage]  ____percent (____%)

of the residue of my estate to be used for...

• [general]  its general purposes"
• [scholarships]  scholarships in the name of ____to be used for a student(s) to attend Bishop McDevitt High School."
• [other]  ____(e.g. building improvements, libaray, technology, faculty development)."

What is Estate Planning?

Every individual should consider some basic estate planning regardless of his or her current age. There are three basic Estate Planning documents that would apply to everyone, but more complex planning documents may be applicable in individual situations.  The following is a brief description of the needs and uses for basic documents.  Your individual situation should be addressed with your personal attorney.

A Will provides for disposition of your property at the time of your death.  It allows you to designate who or what organization will receive what part of your estate when you die.  Your estate is the property that you own at the time of your death.  A Will is also a vehicle through which you can name guardians for your minor children and your assets should your spouse and you die while your children are under the age of 18.  A Will also allows you to give some part of your estate to one or more charities of your own choosing.  An example of such a charity would be Bishop McDevitt High School.  The Will also allows you to appoint the person who will be in charge of carrying out your wishes after your death.  That person is known as your Executor or Executrix.

A Power of Attorney (POA) is a way for you to designate someone to assist you with all or part of the things you do for yourself on a daily basis.   The POA can be limited to financial matters, medical matters, or it can be as broad as you desire it to be to provide your designated person or people with authority to assist you.  It can be written so that it is “durable,” meaning that it remains in effect even if your become incapacitated.  You are giving another person legal authority to act on your behalf.  Anything you could do for yourself your POA can do on your behalf.  That person is known as your “agent.”  The POA is very useful if you become incapacitated and can no longer help yourself.  However, you cannot sign a POA if you are incapacitated, so the best time to prepare is now!

Most people are now familiar with the document commonly referred to as a Living Will, following the national attention generated by Terry Schiavo.  If anything, this situation teaches us that it is not the elderly or the infirm that should be concerned with making their intentions known to their loved ones, but people of all ages.

A Living Will is a document signed by you and directed to your doctors and other healthcare providers, telling them what kind of care you want, or do not want, should you be incapacitated or terminally ill.  In a Living Will, you should also designate one or more persons to act on your behalf in the event you are incapacitated so that your directives will be followed.  The type of care chosen by you in this document should be consistent with the teachings of your faith.  If you have any questions about the Catholic Church’s position on such matters, you should consult with your parish priest.  It is the position of the church that life is a gift of God, and therefore, now one has the right to choose to cause death.  The Church also teaches that nutrition and hydration are basic means of life support for any person, not extraordinary or heroic measures.  However, within these broad parameters, the Church primarily affirms the right of any person to make decisions, even in advance, regarding their own health care.  The Church strongly encourages the advance preparation of a Living Will and durable Power of Attorney.

In closing, everyone should consider these basic Estate Planning documents, regardless of age, assets or current health.  The law provides you with the opportunity to make your own decisions, and you should take advantage of that opportunity for the benefit of your family, friends, and favorite charity. 

A special note of thanks to the Very Reverend William J. King, JCD, Vicar General and Moderator for the Curia, Diocese of Harrisburg, for his assistance in the preparation of this article.