What started as a dog walk ended with a lesson in life planning – and four stitches 

by Tom Alberts Oct 15, 2018

Summary: There’s nothing like a real-life crisis to open one’s eyes to the need for proper planning. It’s difficult to predict what fate awaits us, so there’s no better time than now or the near future to get the proper paperwork in order. In the author’s case, it was a close call from a dog attack that provided instant motivation to utilize legal documents to protect his interests and ensure plans are in place for major life events. Among those documents are a last will and testament, a revocable living trust, powers of attorney, an advance health care directive, a HIPAA release and beneficiary designations.

In my new job, I haven’t been practicing what I’m preaching.

I’ve switched gears after spending three decades in newsrooms and now work in the estate planning business, extolling the virtues of preparedness as I write articles warning about the gravity of guardianship, the ills of intestacy and the perils of probate.

My new mission is to help spread the word about the importance of planning for the unexpected events in life and the vital need to create a comprehensive estate plan to protect your loved ones and your legacy.

But like two-thirds of Americans, I’ve put planning for life events and estate matters on the back burner. I haven’t executed a last will and testament, although I’ve spent a lot of time encouraging those of sound mind. 

A revocable living trust? Haven’t been there or done that, despite the articles I’ve written imploring you to create and fund one. 

I haven’t signed powers of attorney enabling a reliable person to handle my finances and make decisions about my health care if necessary – but I’ve pounded the keyboard to alert others about such oversights.

If I wind up in the hospital and lack my wits, I’ll be lacking a signed Health Insurance Portability and Accountability Act release to keep my loved ones in the loop with my doctors and nurses. I’ve been typing feverishly, nagging about the necessity of HIPAA releases, but I haven’t bothered to sign one. 

While I sing the praises of advance health care directives (living wills), you will not find one in my binder of blank pages. Beneficiary designations for bank accounts and such? Don’t bet on it.

So what happened?

My lack of preparedness came to mind in a hurry recently while out for a walk with my dog, Scotty, a sprightly Scottish terrier mix with a penchant for hunting lizards, coaxing belly rubs and chomping on ice cubes. The after-dinner jaunt is part of a routine I’ve enjoyed with my four-legged friend the past decade or so. But this time, unlike thousands before, was different. Little did I know I was about to experience one of those unexpected events in life that could alter the future in a big way. 

A few minutes into our stroll, we caught the attention of an aggressive dog being walked by a neighbor. The angry beast flashed its fangs, twisted its head and wriggled out of its collar as its owner screamed at me to “pick him up!” In the blink of an eye, the dog sprinted toward Scotty, clamping its powerful jaws onto my helpless little buddy’s neck. I wailed in horror as I put my hands in the offending dog’s mouth, fruitlessly attempting to loosen its tight-as-a-vice grip.

I instinctively punched the top of the dog’s head with my fist. It’s a miracle he released Scotty and turned his vengeance on me, treating my fingers like they were wayward sausages. A nearby neighbor swooped in and carried Scotty out of harm’s way. I’m blessed Scotty’s injuries were limited to a single bite wound to the neck, and his prognosis is good. Scotty’s collar absorbed the brunt of the bite and acted as a protective shield. I escaped with four stitches in one finger, a nice puncture wound in another and assorted dings and dents.

My experience doesn’t compare to much worse events that make headlines every day. Luck was with us, and the wounds will heal quickly. Scotty and I escaped a more serious fate, but there was no avoiding the wake-up call from our terrifying ordeal. 

The day after the trauma and drama subsided, it was time for some serious reflection on following some of the planning suggestions I make my living espousing. I thought about how life is fragile and that in the time it takes a dog to snap its jaws, any number of other calamities could strike.

When do we need a plan?

Few people wake up in the morning and, over their cup of coffee, decide to create a comprehensive estate plan. Eventually, though, for some reason you may decide to prepare for life’s contingencies and endeavor to leave behind a legacy to benefit your loved ones when you’re no longer around. Some unforeseen event may serve as a trigger. It could be your own near miss. The demise of someone else. A medical condition. Or, in my situation, a dog attack.

There’s a natural reluctance to ponder one’s incapacity or death and imagine disasters that inspire you to get legal papers in order. Just ask two-thirds of Americans. A lack of urgency is normal, unless you’ve just received a doomsday diagnosis from your doctor. Maybe there are family dynamics that prevent you from broaching this sensitive subject with loved ones. Perhaps it’s hesitation about anticipated expenses for legal and planning services. 

All those roadblocks are understandable, but they put you on a detour from a path of certainty. I’m 53, and I know plenty of people my age who are among the ranks of the ill-prepared for those golden years, and grizzly bears, around the corner.

I like the idea of having someone I personally choose to act as my power of attorney to manage my medical treatment and finances if I can’t. I’ll take comfort knowing that a will and trust are structured to minimize the exposure of my assets to probate administration – and there’s a provision for Scotty’s care if I’m not around. I need to be confident my family members will get details from my doctors with no hassles with a HIPAA release. I want to make my own decisions about end-of-life care with my living will, sparing my family of this potential burden.

It took a dog bit out of the blue for me to get my planning priorities straight. The hours I spent at the vet and in the emergency room recounting a near tragedy helped me realize that now is the best time to act. What if the dog spared my fingers and nailed me in the neck instead? I simply would not have been prepared.  

Some time and effort are required to create the right planning documents, and there’s an expense involved. But it’s a prudent investment to maintain control of your future affairs during life and beyond.  

Have you considered Legacy Assurance Plan?

There are numerous options and scenarios to consider when developing an estate plan that protects your legacy and achieves your objectives, and important decisions should be made with the advice of qualified lawyers and financial experts. Membership with Legacy Assurance Plan provides members with valuable resources and guidance to develop comprehensive estate plans that take life’s contingencies into consideration and leave a positive impact for generations to come. Legacy Assurance Plan members also receive peace of mind that a team of trusted, experienced professionals will assist them in developing legal, financial and tax strategies that will meet their needs today and for years to come through periodic reviews.

Tom Alberts is staff journalist for Legacy Assurance Plan. A graduate of Indiana University with a double major in journalism and English, he previously was a reporter and editor for newspapers in Indiana, Missouri, Texas, Pennsylvania and Florida. Alberts resides in Bradenton, Florida, with his dog, Scotty. You can contact him at talberts@ufresources.com and follow him on Twitter at @alberts_tom.

This article is published by the Legacy Assurance Plan and is intended for general informational purposes only. Some information may not apply to your situation. It does not, nor is it intended, to constitute legal advice. You should consult with an attorney regarding any specific questions about probate, living probate or other estate planning matters. Legacy Assurance Plan is an estate planning services-company and is not a lawyer or law firm and is not engaged in the practice of law. For more information about this and other estate planning matters visit our website at www.legacyassuranceplan.com. 

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