The author is an attorney in New York City. He believes the following documents should be prepared by all adults living in the US: will, power of attorney, health care proxy, living will, HIPAA release and organ donor card.
A will provides for the distribution of property and if there are children, a will provides for a guardian who will take care of such children. A will is necessary so that the wishes of the individual, not the rote operation of state law, control the distribution of assets and provide for care of any children. There are many options available for those desiring to create a will including software and internet based choices. Other estate planning documents such as a power of attorney or health care proxy have fewer options but there are some available. The author, as a practicing attorney, believes it is far better for people to have any will, even one prepared by generic software which might not be truly tailored to the individual?s needs, then to not have one.
However, it is far better for the average person or couple to use an attorney to prepare estate documents then to use generic software to do the job. An attorney prepared will likely saves a great deal of money and time after a person dies and his or her estate is probated (the legal process which ensues upon death and filing of a will in court).
However, it is far better for the average person or couple to use an attorney to prepare estate documents then to use generic software to do the job.
Many attorneys, such as the author, accept credit or debit cards and payment plans on such cards making an attorney drafted will and estate documents quite affordable.
What other documents other than a will do individuals and couples need as part of a basic estate plan?
A power of attorney is a very important legal tool which is effective while the person granting such power is alive. In New York State there is an official form which is quite complicated and there are important legal considerations at play. The author urges you to have an attorney prepare this document for you.
A living will allows you to express your wishes regarding medical treatment in the event you at some point become unable to do this for yourself.
A health care proxy is a legal document which allows a person or persons of your choosing to make medical decisions for you when you are unable to do this for yourself.
A HIPAA release and organ donor card are two other documents which all adults should have prepared for them by an attorney.
Be prepared for the future and protect yourself and your loved ones by preparing the essential estate planning documents discussed above. It is best to do so using a competent attorney.
Power Of Attorney
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