Advance Health Care Directive
Advance Health Care Directives for all states. An Advance Directive contains both a Power of Attorney for Health Care and a Living Will. The Advanced Directives are instructions given by an individual specifying what should be done for his or her health care if he or she is no longer able to make decisions.
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Use of fiduciary for executor or trustee
I have the very unfortunate situation of an unreliable family and no one to name as executor or trustee on will or trust. Attorneys have given references to some fiduciaries associated with banks and then sometimes a certified fiduciary by themselves (private I guess). How do I select this stranger???? Also can this agent also sign the Advance Directive - very limited - just to aurthorize burial - just so I will get buried without bothering with my unreliable family?
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- Janet Brewer Re: Use of fiduciary for executor or trustee You are in a very difficult situation. As of January 2008 private individuals in California who act as fiduciaries for 3 or more non-family members are required to be licensed by the state and bonded. That doesn't mean that they aren't unreliable, but at least it reduces the possibility that they are. There's a California Association of Private Professional Fiduciaries. It's website is: http://www.pfac-pro.org/pages/index.htm You can also check out the Dept. of Consumer Affairs: http://www.fiduciary.ca.gov/ and http://www.calbar.ca.gov/state/calbar/calbar_generic.jsp?cid=10705&id=36464 These individuals can make health care decisions (including burial) for you, but I don't know if all of them are comfortable doing that. This information is not intended to substitute for professional legal advice and does not create an attorney-client relationship. You should accept legal advice only from a licensed legal professional with whom you have an attorney-client relationship.
Power of Attorney
#1 Do I need a lawyer to have a valid
Power of Attorney?
#2 I have a Power of Attorney for
Health Care; do I also need a Advanced
Health Directive for my mother?
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- Mitchell Roth Re: Power of Attorney No. You don't need a lawyer. You can go to www.yourlivinglegacy.info for more information on this and other disability and death planning issues. You may well decide its best to handle all of this without a lawyer, which you may well be able to do, with my Legacy Trust Package. My book explaining all this in lay terms is $19.95. If you buy and read this small book it will tell you in simple English all most people need to know about this stuff. The do it yourself trust package if you choose to use it is only $79.95.
power of attorney with disability planning
Mom has a revocable living trust, (she is the trustor & trustee-I am the successor trustee). She also has an advance directive (listing me as her health care representative) & a power of attorney with disability planning appointing me as her agent & attorney-in-fact.
I know she appointed me because she knows she can trust me 100%. Her health is REALLY starting to fail quickly...she's in her mid 80's.
I want her to control her affairs as long as she can but if it comes down to it that she can't, what form do I need the doctor sign to give me power of attorney so I can deal with her banks to access her accounts and pay her bills for her?
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- Ann Sattler Re: power of attorney with disability planning Did she sign a financial durable power of attorney? If the one she signed only covers health care, she has to choose to execute a financial power of attorney authorizing you to take such actions. If she is unable to choose because her current health makes her incompetent, you will have to proceed with a guardianship and the court appointed guardian will have authority to access her finances.
will
I made my will when I lived in Kansas City, Missouri. I now live in Tucson, Arizona. The first sentence of the will says ''of Kansas City, Jackson County, Missouri.'' Now that I live in Arizona, do I have to make a new will, and does that also affect the Health Care Directive that I created at the same time? Thank you.
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- Gloria Meyer Re: will You should have an Arizona attorney review both documents to determine if they comply with Arizona law. If your will was valid at the time and place that it was made, it will be valid in Arizona. However if the will does not comply with Arizona law, your estate will incur unecessary expense and delay because there will have to be a hearing in front of a judge and your personal representative will have to prove that the will was valid where and when it was made. You can avoid potential problems by making sure your documents comply with Arizona law.
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