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Estate Planning Basics: Understanding Wills, Powers of Attorney, and Living Wills

Posted by Anthony Serra | Sep 24, 2024 | 0 Comments

Last Will and Testament

A will, also known as a Last Will and Testament, is a legal document that outlines how a person's assets and property should be distributed after their death. It appoints an executor to manage the estate and specifies beneficiaries who will inherit assets. A will can also designate guardians and trustees for minor children, which is extremely important in terms of your children's wellbeing if you should die unexpectedly.

 

Power of Attorney

A power of attorney (POA) is a legal document that authorizes someone to act on your behalf in financial or legal matters if you become disabled and unable to act for yourself. There are different types of POAs, including general, limited, and durable POAs. A general POA grants broad powers to manage finances and make decisions, while a limited POA restricts those powers to specific actions or timeframes. A durable POA remains effective even if the principal becomes incapacitated.

 

Living Will

A living will, also known as an advance directive, is a document that outlines your preferences for medical treatment and end-of-life care if you become unable to communicate your wishes. It typically addresses issues such as life-sustaining treatments, resuscitation, and organ donation preferences. A living will guides healthcare providers and family members in making decisions aligned with your values and beliefs.

 

Why You Should Create All Three

Creating a will, power of attorney, and living will ensures comprehensive planning for your future and end-of-life wishes.

 

·      A Last Will and Testament allows you to dictate the distribution of your assets and care for dependents.

·      A power of attorney ensures that someone you trust can manage your financial affairs if you're unable to do so.

·      A living will provides guidance on medical care decisions, offering clarity and peace of mind to your loved ones during challenging times.

 

Conclusion

Each of the three documents mentioned above serves a distinct purpose in estate planning and healthcare decision-making. By creating a Last Will and Testament, power of attorney, and living will, you can protect your interests, provide for your loved ones, and ensure your wishes are respected both during your lifetime and after your passing. Consulting with an estate planning attorney can help you draft these documents effectively based on your individual circumstances and preferences.

About the Author

Anthony Serra

Tony Serra is a passionate advocate, especially for the elderly, disabled and those of modest means who need the services of an experienced and caring attorney. For more than 30 years, Tony has been helping common, everyday folks navigate their way through life's turbulent waters. Through innovation and utilizing modern technology, Tony and his law firm are now able to offer quality legal services that at one time were prohibitively expensive, at a fraction of the cost. If you need basic legal services, such as a Will, Power of Attorney, Living Will, Special Needs Trust, real estate transactions, uncontested guardianship pleadings and much more, please visit our website and our SMART LAW legal services platform. You will be pleasantly surprised by what we offer and glad you did! Tony is also an experienced mediator and founder of the Conflict Resolution Center of NJ. Tony has specific training in family matters as well as elder law and contested guardianship and estate cases.  

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