Legal Papers ???

[Excel]

I received a phone call from my daughter today regarding her Father-in-Law & his health problems. He lives in Florida & Kelly is here in the L.A. area of CA. After listening to the bad news, she said, Mom, please get the necessary paperwork together so that I don't have to fight to help you should you get ill...The problem is that her FIL hasn't made any legal papers up so his kids (or some designated person) can access his medial infor. or his assets to help pay for the care he will need when he leaves the hospital or help make decisions with his doctors. My question is this....What is necessary legally for a person to have someone be able to help me should I become too ill to make those decisions? I have a will (trust) but what about having one of my kids act on my behalf to get medical information & speak to my Doctor for me....what about financial access, so my accounts are available for them to use to care for me....It's all spelled out in my Trust when I die, but what about before that....I hope this isn't too confusing but the situation Kelly is dealing with long distance brought some fear to me & I want to be prepared so my kids can step in when & if necessary. Any thoughts ?? Any advice (other than going to an attorney...don't trust most of them from past experience !!!)...Any suggestions ?

[VickieP]

I think you would need to designate someone as Power of Attorney. I did a search for CA Power Of Attorney and found this. http://www.ilrg.com/forms/states/ca-pow ... orney.html It costs $9.99, but you may be able to find it somewhere else. I would think after filling it out, it would need to be filed with your County Clerk or something like that, but I'm not sure, different states have different laws. It may tell you more in the "frequently asked questions" section, but I didn't read everything.

There is also a CA Advance Health Care Directive http://www.ilrg.com/forms/states/ca-med ... ctive.html

[mitch5252]

..

When we moved to TN 6 years ago, George and I had new Wills, Durable Powers of Attorney, and Advance Care Plans drawn up.

The Advance Care Plan reflects our wishes for treatment in the following areas:

Quality of Life

Permanent Unconscious Condition
Permanent Confusion
Dependent in All Activities of Daily Living
End Stage Illness

Treatment

CPR
Life Support/Other Artificial Support
Treatment of New Conditions
Tube Feeding/IV Fluids
Other Instructions
Organ Donation (Any organ/tissue, My Entire Body, Only the Following Organs/Tissues)

The POA gives one the ability to act in all ways on behalf of the other.

And one other bit of advice - make sure someone has the combination to your safe! When my friend Teri died last year, we couldn't find the combination anywhere and her Dad had to call a safe cracker guy. Two people now have the combination to ours.

Also, make up a list of all your assets and where they are (including titles to vehicles), along with details of your life insurance.

..

[Brewsterivy]

You need both a Health Care Proxy and a Living Will for decisions about your health and decisions for your end-of-life care.

For legal papers and access to bank accounts, etc. (while you are alive) you would need a Power of Attorney. At our law office, we do a whole package with all the forms when someone comes in for a Last Will and Testament. In that way they have all the papers necessary for life and death. The Power of Attorney can also take effect if you are mentally incapacitated. It is best to speak to an attorney to get the correct information, although there are forms on line. Remember most papers need to be notarized to be legal and to protect your rights so that no one poses as you and signs a power of attorney giving them rights to your accounts.

Difficult decisions have to be made quickly by your loved ones and it is easier if it is all spelled out so there are no arguments and guilt feelings.

Good luck!

Carol Ivy

[AlmostThere]

Right after my divorce in 2005 I went to an estate planner and got all this taken care of, plus also started Long Term Care Insurnace so I know I'll have the best healthcare should I become unable to care for myself at any time, for whatever reason. I also put my daughter's name on all my bank accounts, should I become unable to do the banking myself because of illness or death, so the money won't be tied up in any way.
Don't forget to have copies of your Living Will, POA and Advanced Health Directive filed with your Dr and your hospital. I also made copies of those, and my will, and gave them to my kids.
My investment planner also helped me with my accounts so upon my death they automatically switch over to my heirs.

[retiredhappy]

I, too, put my daughter on my bank accounts as a joint holder. That way she has immediate access if I'm too ill to do my banking. I also have a living will which allows her to make decisions for me if I'm not able and is specific as to what I want done or not done. My doctor has a copy of the Living Will as does my daughter. I periodically give her a list of my bank accounts, credit cards if they have any balance, loan numbers (car and RV), etc.

[Colliemom]

So do I. I have POA for Health care right now. Am working toward POA for my financial affairs. That's not easy for me to do becasue I am an only child, but I have a cousin that I am thinking of having do it. One must be careful in that. My attorney told me that in a case where you are sick or incapacitated where you can't handle your finances, the court can appoint a guardian, but he said you don't want to do that. It gives complete strangers access to all your funds..... I also have a will. When my dad was living we made up our wills, and had POA's for health and financial stuff and automatic transfer on death with our financial advisor, so when he passed away it automatically changed over to me. Plus we had everythilng in joint names also. Now as uncomfortable as it might sound to some people, I am considering pre planning my funeral also. I already have my gravestone set and marked.

[Birdie]

In Oklahoma our attorney indicated Durable Power of Attorney, for my mothers situation, (physical and mental incapcitation). The Durable POA lasts until it is no longer required but the POA stops at death, here in Oklahoma. So I'd say check your state for what you think your requirements are.

[Bethers]

Every state is slightly different - and you really need both a Living Will letting caregivers know what you want. AND a power of attorney for who you want to handle your affairs. You don't need an attorney to do either. You can download the forms online free for most states.

Of course, it's also recommended to have a will - especially if you have much to leave - or more than one child - as unfortunately, even the best of families will aruge over who gets what if there isn't one. And the govt gets more without a will, also.

[rvgrammy1953]

After my brother's death last fall, Ernie & I went and had all this done when I returned back in GA....For those of you out there who are married, widowed, etc. to a military retired person, you can go to any JAG office (legal office in the military) and have Wills, POAs, Living Will/Health Care Directive, etc. done for FREE...by a military lawyer....they do it in such a way that these are legal and binding in all states....They told us that any personal items, i.e. any kind of collectables (coins, cards,figurines,etc), china, glassware, rifles, herlooms, furniture, etc., should be marked on in some matter who is to get the item....this is legal and saves on having extra pages added to the will...

[BirdbyBird]

You are right about the POA.....very helpful to support a family member of friend while they are ill or need help. And depending upon the situation it saves having to declare someone incompetent. But it does stop at death....that is where a Trust/trustee can be very useful. I was able to pay my father's bills from his trust while the balance of his estate issues went through probate. I was named Exc. in his will but all that probate stuff takes time to file and those funds were frozen until "officially" established as a separate account for the estate.

[bluepinecones]

You might also want to consider using DocuBank for which provides immediate access to your health care directives and emergency medical information to doctor/hospital 24/7 world wide. All you have to carry around is an ID card. It has your ID number on it that can only be used by medical community. Excellent for travelers. My attorney highly recommended them when I finally got around to replacing my will after husband passed away. There is a very small annual fee (think less than $30.00/year) for their service.

http://www.docubank.com

I have no children and no one close who could take my dog which was another big concern for me. I learned with assistance of a book "All My Children Wear Fur Coats" how to set up care plan for him as part of will/trust or if I become temporarily unable to provide care.

[Excel]

Thanks so much for all the input. I knew you ladies would have advice. I have contacted my daughter, asked her to be my 'representative' & have acquired the necessary 'Durable Power of Attorney' and the Health Care Directive....now all I need is to fill in the blanks and get 2 people to witness my signature. I will then send her copies of everything including my trust & she will put it in her safe. I am also contacting Kaiser Permanente which is my health care provider & will have a copy of both docs put in my records & will also send copies to my best friend who is the excecutor of my trust. What I hadn't thought of was the list but will now make one with my safe combo, where my assets are, important property infor., bank accts., etc. I'm also going to add my daughter to my bank accounts & other asset accounts so there will be no 'hold ups' should she need to pay my bills, etc. I can't believe I never thought of this before. I've had a Trust for many years & have up dated it from time to time, but never thought about this part. Have to agree however, when there's more than one child involved, (I have 4), it's better to have everything spelled out real well...as $$$ can bring the worst out in many & though I don't want to think mine would be like that, I want to protect them by having my 'ducks in a row'.... Can't tell you how much I appreciate all the input...thanks so much