Planning for the future can be a daunting and stressful task. A will is the most practical first step in estate planning, but there are other components to a good estate plan including powers of attorney and advanced directives. At Burkett Law Firm, we can guide you through creating health care, financial, and other advanced care directives.
Last Will and Testament: This document provides for the distribution of certain property owned by you at the time of your death. However, it does not govern the disposition of your property that is controlled by beneficiary designations which passes outside your probate estate. The Will provides for distribution of your property to your spouse, children, and others upon your death. This document is filed with the county probate court after you pass away to ensure that your wishes are carried out. You must name a personal representative to manage your estate. You can name guardians of your children or pets, bequeath specific property to individuals or institutions, and instruct how to pay off any debts you may have, among other things.
Health Care Powers of Attorney: This document lists your instructions for health care in the event that you cannot make your own decisions. You can choose to receive tube feeding, donate your organs, or to limit life-prolonging treatment. You appoint a trusted agent to fulfill these instructions, or to make the decisions for you.
General Durable Powers of Attorney: This document gives another person of your choosing the power to act in your place. This kind of Power of Attorney can be as limited as you choose. The average Power of Attorney gives your agent the ability to control your finances, among other things. This document must be filed with the Register of Deeds for your county of residence and is a matter of public record.
The information on this website is not legal advice and is intended for general information purposes only. You should consult an attorney for advice concerning your specific legal issue. You are welcome to contact our firm for a consultation. Please be aware that contacting our firm does not create an attorney-client relationship.