Attorney O's Midnight Musings: Connecticut Law

Posted By Irene C. Olszewski, Esq. on August 27, 2010

I was in Maine to attend the wedding of a friend last weekend (a trip I enjoyed immensely, in case you were wondering). At a gathering on the eve before the ceremony, a few of us were engaged in conversation with the groom-to-be. After telling us about his job and future plans, he remarked that he had awoken one day at age 27 and realized that he had amassed the tools for his “Adult Starter Kit” which included a house (complete with mortgage), a solid job, and a fiance. Although we all laughed at the time, I’ve thought about his comment a lot this week and it sparked the subject of this post.

So, I will ask you, dear readers, what’s in YOUR Adult Starter Kit?

In addition to his house, job and new wife, I might suggest a number of other things that my friend should consider adding to his arsenal. It’s a lot like one of those starter game system bundles you buy. It comes with the very basics, such as the console, AC adapter, hook-up wires for your TV and a controller. Sometimes they even throw in a free game. The system works well for a while but it’s usually not too long before you realize that in order for it to really serve you well, you’ll need to add another controller, a few more games and a memory card. Adult Starter Kits are similar.

Let’s consider the Adult Starter Kit Expansion Module: One of the things my friend might consider adding to his Kit, given that he now owns some assets, is a Last Will and Testament. Let’s pretend that he hasn’t yet married his fiance. If he were to die without a Will, his assets (including his house) would pass to his blood relatives according to the laws of intestacy in effect in his state on the date of his death. If it were his intent to leave the house to his fiance if something happened to him before the wedding, she would be out of luck if he didn’t have a Will.

In Connecticut, a minor reaches the age of majority at the age of 18. If that young adult is unfortunate enough to be in a serious car accident leaving him or her in a persistent vegetative state, I would hope that he or she had previously executed Advance Directives (also known as a Living Will). One of the best examples I can think of to illustrate the need for such a document is the well-publicized Terri Schiavo case. In Terri’s case, it was cardiac arrest and not a car accident that put her in the hospital (she was 27 at the time). Her husband battled her parents in court for several years (1998 to 2005) in order to be able to cease life support measures. Terri did not have a Living Will.

If a young adult is temporarily incapacitated due to an accident or medical emergency, a
Power of Attorney (POA) or Springing Power of Attorney will allow a trusted person to handle his or her financial affairs. Perhaps the young adult owns a house on which he pays a mortgage — and a car on which he repays a loan — if he is unable to access his checkbook due to being incapacitated, those bills will not be paid and serious consequences may arise. If he has a POA in force, someone he designates will be able to access his bank accounts and pay his bills while he recovers.

If you are a young adult in the process of packing your own Adult Starter Kit (or if you’re the parent of one), I hope you will remember that a house, a job and a fiance are a great start to the Kit … but don’t ignore the legal protections available to you. You wouldn’t buy a house without also purchasing a homeowners insurance policy nor would you finance a car loan without carrying insurance on the vehicle. Young adults — actually, ALL adults, should explore the legal documents I have discussed in this post, at the very least.

Categories: Advance Directives, Estate Planning, Healthcare Documents, Power of Attorney, Probate
Tags: Advance Directives, CT Age of Majority, Last Will and Testament, Living Will, Power of Attorney, Terri Schiavo