CATEGORY: Living Will Questions

Answers to Frequently Asked Living Will and Advance Healthcare Directive Questions

If I Get Sick, How Do I Outline My Healthcare Wishes with Your Power of Attorney Package?

Standard Legal’s Power of Attorney package does not contain ANY health care language.

The Power of Attorney legal forms software title focuses instead on handling the business affairs of the maker, either on-going or for a set period of time, and is effective immediately upon execution.

Instead, you should review Standard Legal’s Living Will legal forms software offering. Continue reading If I Get Sick, How Do I Outline My Healthcare Wishes with Your Power of Attorney Package?

If I Have Multiple Living Will Documents, Will a Notary Signature on One Be Enough to Cover All?

A complete Living Will indeed does contain a number of different documents: an Advanced Healthcare Directive document, Durable Property Power of Attorney documents, a HIPAA Medical Records Release Authorization form, the Notice of Final Disposition document, etc.

Sometimes these documents are provided separately, sometimes they are folded into one long document.  Continue reading If I Have Multiple Living Will Documents, Will a Notary Signature on One Be Enough to Cover All?

What is the Difference Between a Healthcare Power of Attorney and a Durable Power of Attorney?

These two documents are used for decidedly different purposes all together. A Power of Attorney for Healthcare (often called an ‘Advanced Healthcare Directive’ or a ‘Living Will’) covers a separate series of issues versus a Durable Power of Attorney. Continue reading What is the Difference Between a Healthcare Power of Attorney and a Durable Power of Attorney?

In a Last Will and Testament or Similar Legal Documents, Must I Designate Bloodline Children Differently from a Step Child?

For clarity purposes, when listing blood-related children and step-children within a Last Will and Testament, Living Will or Living Trust, it is suggested that all children be specifically listed in the document by name and then referred to as “my children”. No designation past that is required.

How is Power of Attorney Assigned for an Incapacitated Parent with Several Children?

The laws of each state may effect who is appointed with Power of Attorney.

Generally, spouses make decisions for an incapacitated adult.

If one is not married, state law may permit the children of that person to make medical decisions, assuming that all of the children agree on the care to be provided. Continue reading How is Power of Attorney Assigned for an Incapacitated Parent with Several Children?

If I Move to a New State, Must I Create a New Will and Living Will?

Generally, there is no requirement that Will or Living Will documents must be re-drawn when a person moves from one state to another, provided that the original document meets even the basic requirements of each state\’s laws.

If there is any doubt regarding the validity of your documents, we suggest you create new ones, given that doing so is so very affordable using Standard Legal’s do-it-yourself legal forms software.

Am I Responsible for Debts of My Spouse or His Business if He Dies or Becomes Incapacitated?

Let’s use an example of a husband and wife who do not “mix finances”. The wife owns the house solely in her name, and the husband has a business solely in his name with debts both personal and under the business. They carefully keep completely separate bank accounts, credit card accounts, etc. Continue reading Am I Responsible for Debts of My Spouse or His Business if He Dies or Becomes Incapacitated?

What is the Difference Between a Will and a Living Will?

Generally, a Last Will and Testament outlines the distribution of a person’s assets upon his or her death, while a Living Will defines the type of health care a person wishes to receive if incapacitated and unable to make such decisions directly.

In most instances, the person who is creating either one of these documents should Continue reading What is the Difference Between a Will and a Living Will?