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Wills
Most people have worried about what would happen
if they became seriously ill and were unable to deal with your
own matters. Who would handle these important matters? The financial
matters? The medical decisions? Preparing a few simple documents
can put to rest all of these concerns. Having a Living Will,
a Durable Power of Attorney, and Medical Durable Power of Attorney,
in addition to a Will, combine to form a powerful set of documents
that protect and provide for the future. Below is a brief description
of each. If you would like for Robert A. Higgins & Associates,
P.C. to draft these documents for you and your family, please
contact us at mitchell@higginsandassociates.com.
Living
Will
This is a legal document in which you state what medical treatment
you want offered and what you want withheld. It is called a
Living Will because it takes effect while you are still living.
In the event you should suffer an irreversible coma or face
“imminent death” from a terminal illness, the Living
Will allows you to speak now, in preparation for a time when
you will be unable to speak for yourself. This, when done with
a Medical Durable Power of Attorney, will ensure that your “best
interests” are carried out.
Durable Power of Attorney
A Durable Power of Attorney is a document that when properly
executed will allow an agent to act on your behalf. A Durable
Power of Attorney for finances is a simple and reliable way
to arrange for someone that you trust to make your financial
decisions should you become unable to do so yourself. It’s
also an essential thing to do for your family and loved ones.
If you become incapacitated, the Durable Power of Attorney will
likely seem like a brilliant idea to your loved ones.
If you do not have a Durable Power of Attorney,
a court proceeding will be required to give your loved ones
authority over your financial affairs. This can be an expensive
and public process. Many married couples think that they do
not need such a document because everything is in both names.
The truth is that your spouse has limits on his/her ability
to deal with affairs, particularly on the selling of property
owned by both of you.
Medical
Durable Power of Attorney or Healthcare Proxy
This document allows you to appoint someone to ensure that health
care providers give you the medical care you want and withhold
the care you do not want. This document is a signed, dated and
witnessed document authorizing another person to make your medical
decisions if you are incapacitated and unable to do so yourself.
Will
When someone dies, someone has to take care of all pending matters,
such paying bills and making final arrangements. A will not
only handles these matters, but also allows you to distribute
your assets and personal belongings to whomever you choose.
Without a properly executed Will, state law
will determine what happens to your assets as well as who will
care for your children.
Please contact us to begin the process of creating
you a Will that will serve your current and future needs.
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