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Do I Need More Than A Will?

talessi@ariesfoundation.org

Other Legal Documents To Consider As Well

I GOT A WILL, AM I ALL SET?
The short answer is no, probably not. There are some other legal documents that you should have to go along with your Will. A reminder - these documents should be kept in a safe place that someone else knows about and can retrieve on a moment’s notice.

WILL - See our previous blog on the importance of having a Will and who should have one, but to quickly sum up why: If you have minor children, your will is where you name guardians for those children. Your will also names your executor — the person who will oversee and protect your interests if your estate needs to go to probate. Your will handles the assets you hold in your name alone.

HEATH CARE PROXY - If you are unable to make medical decisions yourself, you need to name someone else to make those decisions on your behalf.  When choosing someone to be your “voice” there are many factors to consider. Make sure your emotional connection to this person will not impact their ability to make decisions on your behalf, even if they don’t agree with your wishes. Be sure this person is confident and comfortable to be able to speak to doctors, and other medical staff and will ask for clarification if they do not understand what is happening. They could be making decisions about life-saving procedures, as well as consent for treatments, surgery, blood transfusions, pain medications, and diagnostic tests. The person you appoint as your health care proxy should be someone who truly knows what decisions you would make for yourself. You are granting them a major responsibility. We  highly recommend that you name more than 1 person in successive order to make sure there is someone there who is authorized to make these decisions for you.

DURABLE POWER OF ATTORNEY (Financial) - This is the document where you are designating one or more people to handle the financial aspects of your life should you become temporarily or permanently unable to do so due to mental or physical incapacitation — things like picking up your mail, filing your income tax return, moving money from one account to another or filing for Medicaid, Medicare or Social Security.
DURABLE POWER OF ATTORNEY (Heatlhcare) - A durable healthcare power of attorney is useful when a medical emergency leaves you unconscious or otherwise unable to make choices about your care. It appoints someone else to communicate with doctors and make medical decisions for you. Such a document differs from an advance directive, or living will, which details the treatment you want if you are at the end of your life and can no longer communicate. A healthcare power of attorney, on the other hand, names someone to make medical decisions any time you are unable to do it yourself, even if you are expected to make a full recovery.

LIVING WILL (also called an Advance Directive) - this states what you want to have happen with respect to extraordinary measures to keep you alive, should you be terminal or permanently unconscious. A living will, despite its name, isn't at all like the wills that people use to leave property at their death. This document lets you state your wishes for end-of-life medical care, in case you become unable to communicate on that decision. It has no power after death. If you are doing some estate planning, then don't overlook a living will. It can give invaluable guidance to family members and healthcare professionals if a person can't express his or her wishes. Without a document expressing those wishes, family members and doctors are left to guess what a seriously ill person would prefer in terms of treatment. They may end up in painful disputes, which occasionally make it all the way to a courtroom.

Author's Notes: Every state is different when it comes to how these documents are handled. This is why it is essential to speak with a professional when you are putting your legal documents together. Speaking of which, most estate planning attorneys today will usually include a Will, Durable Power of Attorney & Healthcare Proxy or Living Will in their basic document package.

NEED HELP?
Contact us at the ARIES Foundation for FInancial Education, Inc to learn more about the ways to protect you and your family. If you don't have an attorney, ASK US, we can help connect you to a professional who can answer your questions. info@ariesfinancial.org

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