Making  Final Choices While They're Yours
  By Tom Lauricella
  Wall Street Journal,  October 29, 2006
After decades of working hard and saving, many people  think of retirement planning as a way to reward themselves. But unfortunately,  it's just as important to plan for the inevitable: Nobody lives forever, and as  you age, the risk grows that you won't be able to make your own financial and  medical decisions.
  These  are topics no one enjoys thinking about. But just as it's critical to make sure  your finances are squared away as retirement approaches, it's important to make  sure your legal house is in order.
  For  some people, there may not be much to do. For example, if you don't own a home  and you have limited savings, there's no need for complicated estate planning.  But in an era where many retirees have multiple retirement accounts and homes  that have appreciated considerably in value, there often needs to be a  well-thought-out plan for how these assets will be handled at death.
  And  no matter what your net worth, it's vital to give someone you trust the power  to make financial and health-care decisions for you if you become  incapacitated.
  By making  these arrangements ahead of time, you'll spare your family and friends  emotional anguish, minimize the time they'll spend with lawyers or in court,  and protect the assets you worked so hard to accumulate. If anything, knowing  that these matters are taken care of should help you enjoy retirement that much  more.
  For  many people, these tasks are daunting because they involve legal issues and  complex documents. That makes it a must to work with an attorney, and one  familiar with your state's laws. In addition, while most lawyers can handle  basic documents, such as a will, it can pay to seek out an attorney who  specializes in estate planning or so-called elder law.
Planning  should start with what would happen should you become severely ill and can't  manage your own affairs. "If you do become incapacitated, even for a short  period of time, the world doesn't stop spinning," says New York attorney  Bernard Krooks. "You need someone to make sure your bills are paid,  investments and real estate are managed."
  The  solution is to give someone "durable power of attorney" to handle  such matters. Typically, power of attorney is given to a spouse if you are  married, but it's important to choose at least one backup (in case, for  example, you're in a car accident with your spouse). Increasingly, some people  are giving power of attorney to a professional, such as an accountant or  attorney. In that case, spell out ahead of time exactly what services will be  provided and at what cost.
  Most  power-of-attorney documents list in general terms the actions that can be taken  on your behalf. But some states have specific requirements about which powers  need to be spelled out, such as handling retirement-account designations or  filing tax returns, says Stuart Zimring, a North Hollywood, Calif., attorney.
  Note  that Social Security doesn't recognize a "power of attorney"  document. It has its own process for appointing what it calls a  "representative payee" once someone can't manage his or her own  Social Security benefits.
  Health-Care  Documents
  Next  on the checklist: a living will and health-care proxy. A living will spells out  the types of medical care you want -- or don't want -- if you become  incapacitated or terminally ill. A health-care proxy, similar to a power of attorney,  grants someone the power to make medical decisions on your behalf. It's  important to discuss your wishes with family members and whoever is being named  health-care proxy.
  "You  need to have a comfort level that, even if they don't agree with your decisions,  they will honor them," says Mr. Zimring.
  Make  sure your chosen representatives have signed originals of the health-care  documents and of the durable power of attorney.
  A  Will, Of Course 
  For  many people, a will is something that was drawn up when children were born,  then shoved in a safe-deposit box and forgotten. But a will should be updated  whenever there are significant changes in life. For example, if a spouse enters  a nursing home, it may be smart to remove that person as a direct heir as a way  of protecting an inheritance from claims by the nursing facility.
  As  you head into retirement, re-examine whether more advanced steps are needed for  tax planning or other reasons. "Trusts are no longer just for the rich and  famous," says Mr. Krooks. "A trust can protect money from creditors,  bankruptcy filings, litigation or an ex-spouse."
  Be  sure to tell family or friends where you have stashed your will if there isn't  a copy securely stored with your attorney. Note that safe-deposit boxes  typically get sealed upon the death of a holder, delaying access.
  Check  Your Beneficiaries
  A  will won't cover all your assets, however. Money from retirement accounts and  insurance policies will instead go to whomever you have designated as a  beneficiary -- mostly likely when you opened the account or took out the  policy.
  When  pulling together your finances for retirement-planning purposes, check the  beneficiaries on any accounts and policies. If you can't locate that  information, call the companies.
  If  for some reason there isn't a named beneficiary on record, the estate is  usually the default. That's bad news. If your retirement accounts end up being  part of your estate, creditors have access to that money before your family --  an especially troublesome issue if there are big medical bills.
  "If  you die and you have a bunch of debts, your creditors get the money  first," says Martin Finn, an attorney in New York.
  Another  problem is that your heirs will lose certain tax benefits if retirement  accounts become part of your estate. If a spouse is named a beneficiary of a  retirement plan -- such as a 401(k) -- or an individual retirement account, he  or she can roll the money into his or her own individual retirement account  without paying taxes.
  If  children or other non-spouses are named as IRA beneficiaries, they can draw  down the money slowly over their entire lifetime if they wish, only paying tax  as the cash comes out. Starting in January, non-spouse beneficiaries of  retirement plans like a 401(k) will get the same privilege, thanks to a law  change this year.
  However,  if the accounts pass to the estate, the money has to be withdrawn within five  years, forcing your heirs to take a tax hit they could otherwise delay.