Living Wills
A Living Will allows you to make decisions about your health care in advance in case you become incapacitated. Our living wills are attorney prepared and valid in your state.
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Difference in State laws with Power of Attorney and Living Wills
My mother lives in Utah and I live in California. She previously had drawn up a Living Will and a Power of Attorney with my sister. She has now decided she no longer trusts my sister enough to handle that responsibility and would like my youngest sister and myself to take that role. She has asked me to draw up some new forms for the Living Will and Power of Attorney. If I do the papers here in California and she's living in Utah. If in the event of my mother being either in a state of needing to be cared for or Pass away from us; how does that work. Will Utah state laws vary from how it works in California? The first set of papers that were drawn up my other sister has a copy of however my mother does not want her to care for her or have any medical decisions made by her in fear of how spiteful she is to my mother.
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- Randy Lish Re: Difference in State laws with Power of Attorney and Living Wills If she lives in Utah, she should really have an attorney in Utah prepare a living will and power of attorney, only because she will need to have the power of attorney notarized. It seems to me that it would be easier for her to have an attorney here prepare the documents, and she can sign them while meeting with the attorney, rather than having to have you prepare the documents out-of-state, mail them to her, and then have her go to a bank of other financial institution where they have a notary. Again, this is more a matter of convenience than anything. Utah's statute on living wills does direct that the living will should be the same as in the statute, or substantially similar thereto, but a living will that is legal in the state where it is signed is usually legal anywhere. If you have further questions, please contact me.
- George Shers Re: Difference in State laws with Power of Attorney and Living Wills Your communications is unclear as to who drew up the actual paperwork before. If it was prepared by a Utah attorney, contact that attorney and see if there have been any changes in the law that would effect the papers. If not, the cheapest way is to then either draw up a brand new power of attorney form stating that the old one is no longer effective and to add an amendment to the Will [just an additional page incorporating the prior Will and stating what the change is, but it must be witnessed in the same way as the Will was but not necessarily the same witnesses]. The safer way and the way that you must have your mother do if there has been any change in the statute or case law is to go back to the original attorney and draw up new documents. You can ask beforehand how much it will cost. Once you have changed the papers, your mother must then notify your sister. If anything happens to our mother, that sister in Utah will be on the scene first so she has to know she is not in charge. I would also notify your mother's family Dr. as he is the one likely to be called if she has health problems; maybe he/she can put a copy of the form in her file.
- Alvin Lundgren Re: Difference in State laws with Power of Attorney and Living Wills I am licensed in Ca and Utah. The forms can be made valid for both states. The existing forms need to be revoked, but that can be done with the new forms. You should also consider a review of her other estate planning documents. You may call for a free consultation.
lawyer now deceased
my father-in-law had his will, living will, etc drawn up by a lawyer a few yrs ago but this lawyer is now deceased. my father-in-law is 90yrs old and we are trying to get things ''in order'' -- what should we do when he passes since his lawyer is deceased -- who/where do we go with his will, etc to settle his estate?? Thank you
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- Miriam Jacobson Re: lawyer now deceased First of all, there is no requirement that anyone retain the lawyer who wrote will documents. So long as you have the original of all of those documents, you can act when it becomes necessary. If you or your father do not have the documents, you should contact the deceased lawyer's estate representative, to request those documents. Depending on the complexity of your father's estate when he passes, you may be able to administer the estate on your own. The Registers of Wills in PA are very helpful to individuals and will assist in preparing and filing the documents required. If you require additional assistance, your local county bar association can probably give you several names of lawyers who routinely provide legal services to administer estates.
- Bonnie Moses Re: lawyer now deceased The important question is "where are the original documents". It does not matter if the attorney is alive or not. If you have the original documents, you can move ahead. It may be that the lawyer kept them, or he may have given them to your father in law. Sometimes we can obtain documents from the office of deceased lawyers. If the originals are lost, it is most likely best to have new ones done. To discuss this further, please email my associate Sam Rossitto at srossitt@dms-lawyer.com, to set up a free phone consultation with him.
Daughters Right
In a living will, can we include our life
insurance? Does the will override
what is in the life insurance as well?
Does she stay with our cars, if she
can continue paying the monthly
payments? Can you give us samples
of what we can leave to our
daughter? We have a life insurance
policy each, we have a few dollars in
the bank, we have 2 cars that we
have purchased and paying monthly
for them. We have 401ks each. We
have a house. We do not have
much, but would like to make sure
our daughter is taken care of if
something happens to us both. She
is 19 right now. We both work full
time. Can you give me some advise?
Thank you. Mr. & Mrs. Serrano
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- Glen Ashman Re: Daughters Right First of all, a living will deals with termination of life support, not with inheritance. Second, a will does not override insurance, but a good lawyer will help you coordinate the two. You need to sit down with a lawyer who can get details and advise you. A good starting point is our free will worksheet at www.glenashman.com .
- Robert Thompson Re: Daughters Right First, "living wills" have nothing to do with inheritance--they only concern health care decisions. A true last will and testament does not control either life insurance or retirement accounts such as 401(k)'s. These assets are controlled by a "beneficiary designation". If you are not sure what designation you have made, consult your insurance agent and your HR director, who should have records of what beneficiaries you have named. There is no limit whatever on what you can leave your daughter, either under your will or through insurance or a retirement plan. She could receive the cars, and keep or sell them. The loans could be paid by her (from insurance or 401(k)) or she could demand that your executor pay off the loans from your bank accounts. You clearly need to consult an attorney on all these matters, who can advise you on what arrangements you can make for your daughter.
- Charles W. Field Re: Daughters Right I think you are confusing two entirely different things. A "living will" has only to do with termination of life suppport and nothing to do with property. That is where a "will" comes in. Generally, life insurance proceeds are determined by the policy. However, you should consult with a local attorney because the fine print may direct the proceeds to your estate, in which case your will is the determining document.
Power of Attorneys
Is there a difference between a medical power of attorney and a living will? My husband is deploying to Iraq, and they recommend he has one. However, I have seen multiple places say that they are the same thing. Could you please help?
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- Philip Owens Re: Power of Attorneys Technically, a "medical power of attorney" and "Living Will" can be considered the same in a lot of respects. The Living Will is more of a directive on how to handle the dying process and is used to give directions on if you want to be kept artifically alive, etc. A "Power of Attorney" allows someone to act in your place. They are generally used to allow acess to bank accounts and give authority to conduct business affairs but can be extended to grant someone the authority to authorize medical care, etc. In your situation I would think that your husband should appoint you as his "General Power of Attorney" which would give you authority to act on his behalf. This can be made a "durable" power of attorney by providing in the document that it will still be good during any period of disability that he may suffer. My own preference is to have both a durable power of attorney which allows medical authorizations along with business affairs and a living will. This covers all bases. DO NOT USE A FORM PROVIDED BY SOMEONE. Go to a local attorney and they will be able to draw up the correct documents that will cover your individual needs. You might also consider having a will made and if you already have a will, review it. Good Luck.
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