Where There's a Will

. . . Do you have a legally binding will? Power of attorney? Living Will? Healthcare proxy?

My mother and I both have these, but I’m in touch with our lawyer this week to make sure everything is up to date, all i’s dotted and t’s crossed.

We did wills many years ago before we were married. Now everything is changed, i.e., I co-own the house, my son isn’t a minor anymore, etc., so we probably should get to the lawyer and update it. I need the Living Will.

Think “Terri Schiavo,” and for goodness sake make sure you have a healthcare proxy in writing!

Nope, but then again I have no children to give my nice stereo and NBA jerseys to. :smiley:

Always a good idea to suggest these (and I need to get my own done one of these days), the only (non-lawyerly) advice I would add is to be sure they don’t contradict each other. Usually either the “living will” (or instruction/advance directive to physicians) or the POA for health care should be done but not both. Place copies of the health care documents in your file with your primary doctor and the hospital where you’d be most likely to end up. Make sure your designee has copies and keep one in your car and one where it would be easily found in your home. If you update one or more of the documents, destroy the old ones.

World Eater, I’d be happy to accept all your NBA jerseys. I only have a John Stockton (the old uniform) one, and I’d be glad to have yours.

Once it’s in your will, all you have to do is die… :wink:

I’m 26 and single, with no kids and no assets, but I’m working on my will, health care directive, and power of attorney right now.

The law concerning health care directives, medical powers of attorney, living wills, and other such devices varies widely from state-to-state. It’s fairly irresponsible to dole out general advice about what others should or should not have without knowing where they live and what the laws in that state are.

Otto, your advice may be true where you live, but I can tell you for a fact that it is not applicable or even advisable in many other states (re: advice to do a “living will” or “a medical POA” but not both).

Okay, maybe somebody in this thread can answer me - I want to do a living will the quick and easy way, but everywhere I see online wants me to pay for it and I’m sure there’s an easy way to do it for free. Where could I find the forms? Would hospitals have them? State offices? Where should I start calling to find this out? I live in South Carolina, by the way, and from what I can tell there seems to be a form you just have to get notarized. It’s hard to tell, though, between all the pay legal sites around.

I’m 34 and single, but I have no will. I don’t feel I need one. My assets are pretty limited and I’m comfortable with who will receive them under the law if I die intestate (that is, without a will). I have a written health care directive in my father’s hands as next of kin, and I have made my family widely aware of my general wishes (no extraordinary measures, organ donation, cremation, have a big party, don’t forget me).

If I had any amount of assets, or if I had children, I would definitely have a will. For any person who has kids, the two things they IMO should not be without is a will (including guardianship provisions) and a good life insurance policy. Someday I hope to need both, but if that ship is coming in, it’s taking its own sweet time.

ZSOFIA, a good law library should have the forms for a living will. This is not a species of document that needs to be carefully drafted in order to be enforceable (as a testamentary will can often be), so you should be able to fill it out yourself. Just think very carefully about what you want, be clear in conveying it, and don’t contradict yourself (i.e., don’t say something like “do not take any extraordinary medical measures, but don’t turn off life support if there’s any possibility I could be saved,” because those two things are contradictory.) It doesn’t even have to be notarized, though that’s not a bad idea. Give a copy to your next of kin, and keep a copy with your personal papers. Also be sure to give a copy to your doctor. And don’t forget to tell your family what it is you want; even if the document gets lost, they should all have a pretty good idea of what you want in the event you get hit by a bus. Which, y’know, God forbid. :wink:

A law librarian should be able to instantly direct you to these forms because its one of the most frequent questions they get asked. Most states (all states AFAIK) have state law libraries, generally located in the capitol city, and any university having a law school will also have a law library.

Okay, maybe somebody in this thread can answer me - I want to do a living will the quick and easy way, but everywhere I see online wants me to pay for it and I’m sure there’s an easy way to do it for free. Where could I find the forms? Would hospitals have them? State offices? Where should I start calling to find this out? I live in South Carolina, by the way, and from what I can tell there seems to be a form you just have to get notarized. It’s hard to tell, though, between all the pay legal sites around.

This is one of those things that I think about but never seem to get around to doing. I had a will done about 25 years ago leaving everything to my dad. Well, he’s dead now, and I’m married with a kid. I think hubby and I need to discuss this when I go visit him this weekend.

We do have POA, but that’s about it. We also need to get the motorcycle in both our names… sheesh, Eve, like I don’t have enough to do these days!! :stuck_out_tongue:

Zsofia, you may want to see the list of living will/health care proxy forms listed by state here.

I have both a Will and a Living Will. There are copies of my living will with my primary doctor, my “approved” hospital, my parents, my sibling, and even my ex has a copy. All have been made clear of my wishes, but I named my ex as my primary care director. He knows my beliefs and I know he will abide by my wishes moreso than my parents or sibling would.

I had not planned on doing a Will fairly early in life (I was 27), but I was bullied into it by my parents before I had some relatively minor surgeries. I’m glad I did it, because you never know.

I do Wills/Trusts/Estate Planning as a career, in Illinois. If you don’t think you need a will, if you have any dough at all, reconsider.

We had a client who died suddenly at 50, with no siblings or children. Without a will, Illinois requires that the executor purchase a bond in the amount of 1.5 times the value of the estate. Here, the estate was about $400,000 (house and retirement accounts mostly) The cost of the bond was $2200. Any garden variety will will waive the requirement of a bond, potentially saving the estate thousands of dollars.

My parents hounded us into doing wills as soon as each of us turned 18.

I have a will, but it needs updating.

Currently all of my assets have been will to my neice to be kept in trust until she is of an age to be attending college or something. Except now I have a nephew as well. I guess I better get that change, otherwise he’ll be pissed…