Will, Power of Attorney, Health Care Directive

Know Your Rights

What Documents Do I Need?

There are several documents we can prepare for you to make sure you are protected during your lifetime if you lose capacity and to ensure that your property goes to those you choose to have it after your death. Some important documents every person should have are a will, a durable power of attorney, a medical power of attorney, and an advance health care directive. We also encourage you to prepare a transfer on death deed.

Requirements for a Will

A will is a legal document that specifies how real and personal property is distributed after an individual’s death. It also appoints a person, called an executor, to handle the transfer of your property after your death. To create a valid will, the individual must be at least 18 years old and of sound mind. The will must be in writing and signed by the person making the will as well as two witnesses who are not named as beneficiaries or are legal heirs of the person making the will. A will can be revoked and changed at any time by the creator before their death.

Requirements for a Durable Power of Attorney

A durable power of attorney is a legal document that appoints another person to make decisions and complete certain transactions on an individual’s behalf, such as accessing bank accounts and selling real estate. It must be signed by the individual granting the power of attorney in the presence of a notary public or two witnesses. The power of attorney can be revoked and changed at any time by the creator, as long as they are of sound mind. A durable power of attorney automatically terminates upon the maker’s death.

Requirements for a Medical Power of Attorney

A medical power of attorney is a legal document that appoints another person to make medical decisions for an individual who is unable to make their own medical decisions. It must be signed by a notary public and two witnesses. The medical power of attorney can be revoked and changed at any time by the creator, as long as the person is of sound mind.

Requirements for an Advance Health Care Directive

A health care directive is a legal document that allows an individual to state their preferences for medical treatment if they become terminally ill, including whether they want to be resuscitated in a life-threatening situation or are in an irreversible condition and can no longer care for themselves. The health care directive must be signed by the individual in the presence of a notary public or two witnesses. The health care directive can be revoked and changed at any time by the creator.

Requirements for a Transfer on Death Deed

A transfer on death deed (TODD) allows a real property owner to state who will receive their real property upon that owner’s death. The TODD also supersedes a will and allows for a transfer without having to file a case in probate court. A TODD must be signed by the owner and notarized. The owner must also record the deed in the deed records in the county where the property is located. The transfer on death deed does not prevent the owner from selling, leasing, remodeling, or exercising any of their other rights during their lifetime. The TODD can also be revoked or revised at any time during the owner’s lifetime.

Your Legal Options

Depending on your situation, our lawyers can help you understand your rights and options and prepare the legal documents you need.

We can assist with:

• Providing advice on estate planning
• Drafting and executing documents such as wills, powers of attorney, and advance health care directives
• Drafting, executing, and recording transfer on death deeds
• Explaining legal documents to surviving family members
• Making presentations to community groups about creating estate plans