LIVING WILL

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A friend of mine just forwarded this link to me. It is forms for a Florida living will, serogate, and other medical care forms. It may came in handy out of state, but I do not know just how handy they are.<br /> Link to Living Will forms

 

[LadyFish]

Re: LIVING WILL

I believe that forms vary by state. It might be wise to check out your state recognized form. You may even want to use a durable power of attorney form advanced medical directive in addition to your living will.<br />--------<br /><br />A Durable Power of Attorney can act on a person's behalf even while that person is still alive. People suffering from dementia or senility, who are no longer competent to make their own decisions, need to continue to make financial and medical transactions long after they have the capacity to do so. A Durable Power of Attorney allows them to do that.<br /><br />Setting up a Durable Power of Attorney is as easy as signing a single legal document, naming who you would like to appoint as your agent. There are no hearings or court proceedings to go through.<br /><br />What happens if you do suffer from dementia or are incapacitated, and have not signed a Durable Power of Attorney? If you have not named an agent to act on your behalf, you can only hope that someone will become a Conservator for you.<br /><br />Conservatorship is a lengthy and expensive court procedure requiring someone to volunteer to become your Conservator. Finding a volunteer, whom you trust with your affairs, to suddenly appear and want to be your Conservator is rare. In many cases, it is also unreasonable to expect there will be enough money and time to go through the court proceedings necessary to establish the conservatorship.<br /><br />Individuals granted Power of Attorney must, by law, act in good faith at all times on behalf of the grantor. Suppose an elderly man is declared incompetent, but had given his adult child a Durable Power of Attorney. The son cannot turn around and put his father's house in the child's name, or sell off assets for his own use. The law maintains agents have a fiduciary duty to the grantor, and cannot take advantage of his or her position.<br /><br /> Source

 

[Fly Rod]

Re: LIVING WILL

I agree with Ladyfish that states vary!!!<br /><br />The wife and I have had ours for years!!! You also need a proxy in Mass. <br /><br />My 35 year old son is having one done now through our lawyer!!! He will be signing it on Tuesday!!!<br /><br />Now to have my daughter and son in law to each have one!!!<br /><br />I recomend using a local lawyer!!! The cost for my sons "Living Will" is $175.00!!!!<br /><br />Also while on the subject, a "WiLL" may also be in order especially if you have property or anything of value!!!! The Wife and I have had a Will since we were 22years old!!! We come from a big family and have seen family feuds when an older family member passes away that have 3-4 brothers or sisters !!!

 

[tylerin]

Re: LIVING WILL

Originally posted by Fly Rod:<br /> Also while on the subject, a "WiLL" may also be in order especially if you have property or anything of value!!!! The Wife and I have had a Will since we were 22years old!!! We come from a big family and have seen family feuds when an older family members pass away that have 3-4 brothers or sisters !!!

Better yet a "Living Trust". Keeps it out of Probate.

 

[JB]

Re: LIVING WILL

I think a living will and medical power of attorney are at least as important as a will.<br /><br />Lack of a legally binding affirmation of your wishes has the potential to condemn you to years of misery while making lawyers and health care professionals rich.<br /><br />I wonder (but not enough to post a poll) how many would choose to be kept alive artificially after any quality has evaporated from their lives.<br /><br />Both of my parents were allowed to die peacefully and naturally, deep in dementia, after they broke hips in falls. Dad was 84 (he had suffered major brain damage from extended anesthesia a few years earlier and was outraged that several hundred thousand dollars had been "wasted" repairing a ruptured aorta on an 80 year old) and mom just a week short of 90. Without their living wills they would both have suffered on, wishing to die, for God only knows how long. I had grieved when they actually left and was relieved when their ends finally came.

 

[aspeck]

Re: LIVING WILL

Parson's Family Lawyer program has a good living will section in it. It varies from State to State. My attorney looked over the will, living will, and durable power of attorney that I produced with it and said he couldn't do any better, so I should keep my money and just use the ones I printed out (Took them in for him to use as a guide to what my wishes were, left with them notorized).<br /><br />Register your living will with you local hospital, your family doctor, and at least 2 different relatives. This will eleviate confusion if it ever needs to be invoked.

 

[tcube]

Re: LIVING WILL

Thanks for this thread - it reminded me that we need to have our POAs, living wills and wills changed to comply with VA law.