Everyone has heard of the last will, and a lot of people have heard of living trusts. As a result, there can be some confusion with regard to the living will. A living will has nothing to do with the transfer of financial assets. This type of will is an advance directive for health care.Life Sustaining MeasuresIn your living will you state your preferences regarding the utilization of life-sustaining measures. If you were to become incapacitated and unable to communicate while in a … [Read more...]
Brain Death, Advance Directives, and Medical Choices
The recent cases of Jahi McMath and Marlise Munoz have caused many people to ask themselves questions about their own medical choices. The cases have both involved brain death and have resulted in legal battles over medical care and decision-making ability.While these cases might be difficult to discuss, they can be useful to those creating estate or incapacity plans. To make informed medical decisions you need to have a good idea of what terms like brain death mean, and why they’re … [Read more...]
Texas Pregnant Woman Cannot Be Withdrawn From Life-Sustaining Treatment
One of the most important reasons that pregnant women need to have an estate plan in place is because of the very real possibility of a complication arising as a result the pregnancy. A recent story out of Fort Worth, Texas highlights not only the importance of estate and incapacity planning, but also highlights the significant difference that exists between various state laws that address advance medical directives.Medical EmergencyIn late November, Erick Munoz discovered his pregnant wife … [Read more...]
The Importance of Estate Planning for Singles
If you've ever come across an estate planning workshop, book, or any other type of similar material, you've probably noticed that most of the advice contained within is aimed at seniors and married couples. There is very little information out there about how a single person should begin estate planning, or even why a single person needs an estate plan. Though single people are the least likely to have any kind of estate plan, they are in just as much need as their married counterparts. Let's … [Read more...]
Estate Planning: Faith Matters
People creating an estate plan have to deal with uncomfortable questions of mortality and death. For many, these questions naturally lead to questions of religion, values, and ethics. For the faithful, an estate plan is not merely an exercise in legal formalities, but a way to ensure that your values and religious faith are affirmed and protected after you die. Here are several issues you may want to consider if religious concerns are important to you.1. Your RepresentativesIf you name an … [Read more...]
3 Facts About New York Health Care Proxies
In New York you can create a health care proxy that allows you to appoint someone else to make medical decisions if you ever lose your ability to do so. The person you appoint becomes your health care agent, and has the legal right to make sure your doctors and health care providers do what you want them to. Fact 1: You can make one whenever you wish. As long as you are 18 and mentally capable of making decisions, you can create a health care proxy whenever you wish. Of course, you also … [Read more...]
Your Will Should Not Include Your Health Care Directives
Not only should you ask an attorney to help you draft a health care directive, this directive should be a written document separate and apart from your will. Placing your health care directives in a will does not make practical sense, since your will is typically discovered after your death – not prior to it. Furthermore, your attorney should place your funeral and burial wishes in a separate document for those reasons.You can take care of your future health care needs, in case of … [Read more...]
What Are the Most Important Estate Planning Documents?
When you begin your estate planning, you and your estate planning attorney will need to determine which documents and planning tools you need as part of your individualized, comprehensive estate plan. Take a look at the following information, to learn about the most commonly used base estate planning documents. If you have any questions, or if you’d like to begin your estate planning affairs, contact an estate planning attorney. Most people choose to begin their planning with the … [Read more...]
Why You Need to Name Back Ups in Your Estate Planning Documents
You need to name back up trusted helpers in your estate planning documents because as life rockets along, people and circumstances change. For example, the trusted helper you named to raise your minor children may not be able to serve when the time comes.Jan was a single mom. She had a great relationship with her only sister, Becca. So, when Jan had her two children, Elle and Eric, she named Becca as their guardian in her will. Becca carefully considered the responsibilities and … [Read more...]
Why You Must Have a Durable Power of Attorney
For most people, the durable power of attorney is one of the most important estate planning tools available. A power of attorney allows a person of your choosing, known as your proxy or attorney in fact, to act on your behalf for financial purposes if you become incapacitated. It can also be used as a medical power of attorney to appoint someone to make medical decisions on your behalf should you no longer be able to do so on your own. Note that New York State has enacted a Health Care Proxy … [Read more...]
