How to Do Estate Planning
Decide if you need a Living Will., Locate a Living Will form., Execute a Living Will., Decide whom to appoint as your Health Care Representative., Locate a Health Care Representative Appointment form., Execute your Health Care Representative...
Step-by-Step Guide
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Step 1: Decide if you need a Living Will.
A Living Will is a legal document that tells your family and healthcare providers what types of medical treatment you wish to receive, or do not wish to receive, should you be suffering from a terminal illness and become unable to communicate.
Living Will documents vary from state to state, and can be very narrow or very broad, based on your state’s laws.
If you wish to make certain healthcare decisions now, instead of leaving them up to your family later, you may want to execute a Living Will.
Some of the items a Living Will may address include:
Food and Hydration.
In some states, food and hydration are considered life saving treatment and may be refused by a terminally ill patient.
In Indiana, for example, a person may choose to receive food and hydration, not to receive it, or intentionally make no decision, leaving it up to his or her family when the time comes.
Use of a Respirator.
Most states address the use of a respirator in a Living Will, allowing residents to decline it as a life saving measure.
Cardiopulmonary Resuscitation (“CPR”).
Many Living Wills address the use of CPR, providing for “do not resuscitate” orders to be written directly into the document. -
Step 2: Locate a Living Will form.
To find a Living Will form recognized in your state:
Check with your local hospital.
Most hospitals offer free Living Will forms, which are recognized by the state in which the hospital is located.
Review your state’s Health Code.
Many states provide a form right in the Health Code.
To locate your state’s Health Code, use your favorite search engine to search “YOUR STATE Health Code”, for example if you live in New Jersey, you would want to search “New Jersey Health Code”.
Look at your state’s Probate Code.
If you cannot locate a statute governing Living Wills in your state’s Health Code, check the Probate Code for a form.
You can find your state’s probate code, but clicking on the name of your site at Cornell University’s Law School's List of State Probate Statutes. , Once you have located the proper form for your state you can execute your Living Will by filling it out and signing it in front of the appropriate witnesses and/or a notary public. , A Health Care Representative may also be referred to as a Health Care Power of Attorney.
This is the person who will make your heath care decisions for you, should you ever become unable to make them yourself.
Most people appoint their spouse, child(ren), or a parent as their health care representative. , One such form may be found on Find Law’s website.
You may also want to check your state’s Health Code, Probate Code, or with an attorney to find a form recognized by your state, or ensure Find Law’s form will be. , Fill in the requested information and sign your appointment in front of a notary public.
Have the notary sign and seal or stamp the appointment. , A POA is a document that appoints someone to act on your behalf in financial matters.
While it does not take away your right to act on behalf of yourself, it does grant the appointee the right to do anything you would be able to do with your money.
Therefore, you must trust the person you appoint as your power of attorney completely. , The standard form for a power of attorney will vary from state to state, but many can be used in any state.
A couple of reputable places to find a Power of Attorney form include:
Your state or county Court’s website.
Many state and county Court’s offer free forms on their websites.
To locate your state and county courts, click on your state on the list of links maintained by the National Center for State Courts.
ExpertLaw.com.
Expert law provides a free sample POA.
You may modify this form to fit your particular needs and your state’s requirements. , Sign your POA in front of the witnesses and/or notary required by your state.
If you are unsure what your state’s requirements for witnesses and notary signatures is, check your State Code, with a licensed attorney, or a reputable paralegal or document preparation company in your area. , There are a few different ways that you can do this:
Make out a Last Will and Testament (“Will”).
Depending on how simple or how complicated your plan is, you may be able to use forms you find online, such as at Legal Zoom, or you may need to talk to an Estate Planning attorney.
Title your property jointly.
Property with a joint owner listed on the title generally passes to the surviving joint owner upon a party’s death.
This includes property such as bank accounts, vehicles, and real estate.
Check your state’s property laws or with a local attorney to determine what the law regarding heirship of joint property is in your state.
Designate a beneficiary.
Retirement, savings, and investment accounts, generally allow an owner to name a beneficiary to whom ownership should be transferred upon his or her death.
In many states beneficiaries may also be named on vehicle and real estate titles.
Check with the investment company, bank, or the Bureau of Motor Vehicles to determine if you name a beneficiary and obtain instructions for doing so. , Once you have all of your estate planning documents, you will probably want to give your health care representative a copy of your Health Care Representative Appointment and your attorney-in-fact (the person you named on your POA) a copy of your POA document.
Copies of your Living Will should be given to Health Care Representative, your physician, and your local hospital.
Many people also choose to provide copies of their Will to all of their beneficiaries, or those named in the Will. -
Step 3: Execute a Living Will.
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Step 4: Decide whom to appoint as your Health Care Representative.
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Step 5: Locate a Health Care Representative Appointment form.
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Step 6: Execute your Health Care Representative Appointment.
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Step 7: Decide if you need a Power of Attorney (“POA”).
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Step 8: Locate a Power of Attorney form.
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Step 9: Execute your Power of Attorney.
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Step 10: Make provisions for the distribution of your property upon your death.
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Step 11: Provide copies of your Estate Planning documents to the appropriate parties.
Detailed Guide
A Living Will is a legal document that tells your family and healthcare providers what types of medical treatment you wish to receive, or do not wish to receive, should you be suffering from a terminal illness and become unable to communicate.
Living Will documents vary from state to state, and can be very narrow or very broad, based on your state’s laws.
If you wish to make certain healthcare decisions now, instead of leaving them up to your family later, you may want to execute a Living Will.
Some of the items a Living Will may address include:
Food and Hydration.
In some states, food and hydration are considered life saving treatment and may be refused by a terminally ill patient.
In Indiana, for example, a person may choose to receive food and hydration, not to receive it, or intentionally make no decision, leaving it up to his or her family when the time comes.
Use of a Respirator.
Most states address the use of a respirator in a Living Will, allowing residents to decline it as a life saving measure.
Cardiopulmonary Resuscitation (“CPR”).
Many Living Wills address the use of CPR, providing for “do not resuscitate” orders to be written directly into the document.
To find a Living Will form recognized in your state:
Check with your local hospital.
Most hospitals offer free Living Will forms, which are recognized by the state in which the hospital is located.
Review your state’s Health Code.
Many states provide a form right in the Health Code.
To locate your state’s Health Code, use your favorite search engine to search “YOUR STATE Health Code”, for example if you live in New Jersey, you would want to search “New Jersey Health Code”.
Look at your state’s Probate Code.
If you cannot locate a statute governing Living Wills in your state’s Health Code, check the Probate Code for a form.
You can find your state’s probate code, but clicking on the name of your site at Cornell University’s Law School's List of State Probate Statutes. , Once you have located the proper form for your state you can execute your Living Will by filling it out and signing it in front of the appropriate witnesses and/or a notary public. , A Health Care Representative may also be referred to as a Health Care Power of Attorney.
This is the person who will make your heath care decisions for you, should you ever become unable to make them yourself.
Most people appoint their spouse, child(ren), or a parent as their health care representative. , One such form may be found on Find Law’s website.
You may also want to check your state’s Health Code, Probate Code, or with an attorney to find a form recognized by your state, or ensure Find Law’s form will be. , Fill in the requested information and sign your appointment in front of a notary public.
Have the notary sign and seal or stamp the appointment. , A POA is a document that appoints someone to act on your behalf in financial matters.
While it does not take away your right to act on behalf of yourself, it does grant the appointee the right to do anything you would be able to do with your money.
Therefore, you must trust the person you appoint as your power of attorney completely. , The standard form for a power of attorney will vary from state to state, but many can be used in any state.
A couple of reputable places to find a Power of Attorney form include:
Your state or county Court’s website.
Many state and county Court’s offer free forms on their websites.
To locate your state and county courts, click on your state on the list of links maintained by the National Center for State Courts.
ExpertLaw.com.
Expert law provides a free sample POA.
You may modify this form to fit your particular needs and your state’s requirements. , Sign your POA in front of the witnesses and/or notary required by your state.
If you are unsure what your state’s requirements for witnesses and notary signatures is, check your State Code, with a licensed attorney, or a reputable paralegal or document preparation company in your area. , There are a few different ways that you can do this:
Make out a Last Will and Testament (“Will”).
Depending on how simple or how complicated your plan is, you may be able to use forms you find online, such as at Legal Zoom, or you may need to talk to an Estate Planning attorney.
Title your property jointly.
Property with a joint owner listed on the title generally passes to the surviving joint owner upon a party’s death.
This includes property such as bank accounts, vehicles, and real estate.
Check your state’s property laws or with a local attorney to determine what the law regarding heirship of joint property is in your state.
Designate a beneficiary.
Retirement, savings, and investment accounts, generally allow an owner to name a beneficiary to whom ownership should be transferred upon his or her death.
In many states beneficiaries may also be named on vehicle and real estate titles.
Check with the investment company, bank, or the Bureau of Motor Vehicles to determine if you name a beneficiary and obtain instructions for doing so. , Once you have all of your estate planning documents, you will probably want to give your health care representative a copy of your Health Care Representative Appointment and your attorney-in-fact (the person you named on your POA) a copy of your POA document.
Copies of your Living Will should be given to Health Care Representative, your physician, and your local hospital.
Many people also choose to provide copies of their Will to all of their beneficiaries, or those named in the Will.
About the Author
David Hernandez
Brings years of experience writing about pet care and related subjects.
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