You should instead contact a lawyer who focuses in the area of wills and trusts. If you have a large (greater than $500,000) or complicated estate or desire complex trust arrangements, this program is not available to you. Your estate (for wills for Heroes purposes) consists of your cash, personal property, stocks and bonds, real estate (equity only), savings, life insurance, and retirement assets (such as a 401(K) or an IRA). A trust can include more detail about your goals in case you become disabled and how you want your beneficiaries to receive your assets upon your death. The beneficiary of a revocable trust is often the trustor during the trustor’s lifetime. The trustor is the person that creates the trust the trustee manages the trust. We strongly recommend you consult with an experienced estate planning attorney before making any changes.Ī trust is a contract between you, as the trustor, and a trustee. Writing new provisions will be ineffective unless the provisions are signed by you and two witnesses. Crossing out language raises the question of whether you intended to revoke your whole will or just a part of it. The codicil must be written, signed and witnessed the same way as the will, and should be kept with the original will.ĭo not try to change your will by simply crossing out language or writing in new provisions. Wills can be changed either by writing and executing a new one or by adding a "codicil," which is an amendment to a will. (You generally need to worry about tax laws only if your estate exceeds $1,000,000.) Your personal representative moves away or dies or The value and kind of property you own changes substantially A copy should also be given to each doctor’s office to be put in your medical records. NOTE: After the document has been properly signed and notarized or witnessed, the original Health Care Directive should be placed in a safe place and a copy provided to each health care agent named in the document. (e) Finally, you should sign and date the HIPAA waiver on the last page. (d) The Notary or the Witnesses should complete and execute the acknowledgment. (c) Fill in the date of signing on page 5 and provide your signature directly below the date. (b) If desired, initial lines (1) and (2) on the bottom of page 2. (a) Take it to a Notary Public, or find two witnesses who are over age 18. After the needed information is completed, you need to: If desired, fill in responses to the statements in Part II.ĥ. Indicate whom you would like to appoint as your agent, and alternate agent (if any).Ĥ. Fill in the information about yourself at the very beginning of the document:ģ. Download the Health Care Directive form here.Ģ. To properly create a Health Care Directive, you need to:ġ. Part II can be completed, but does not have to be completed (so people do not have to answer questions about terminal illness if they do not want to). The most important part for a person to complete is Part I, where a person nominates someone to speak for them in the event that they can't communicate for them self. Once a child attains age 18, they are an adult, and need to sign a Health Care Directive in order to allow their parents, or another person if they so choose, to make decisions regarding health care in the event that they are ever unable to do so.Ī Health Care Directive has two parts: Part I appoints an agent to speak for you regarding your health care and Part II allows you to specifically write out your wishes regarding your health care. Many people also assume that parents can make health care decisions for their children who are over age 18. Why does someone need one of these? The Terri Schiavo case taught many people that spouses cannot make health care decisions for each other unless they have signed a validly executed Health Care Directive or Health Care Power of Attorney. A Health Care Directive is a document that you sign that allows you to appoint an agent to speak for you in the event that you are ever unable to communicate your wishes regarding your health care, and also allows you to indicate and memorialize your wishes regarding your health care.
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