What Legal Documents to have?

[LD92599]

Aside from a will, which legal documents should we have, if any:

living will (is it really necessary?)
power of attorney, medical
power of attorney, financial

Also, did you use software to draw up your own will or pay a lawyer? We've paid a lawyer in the past and we're having it re-written next week.

Thanks/Laura

[StantonHyde]

If you have a power of attorney, it takes care of the living will, etc. Just make sure that person knows your wishes. And you absolutely need this.

[bigpassport]

If you have a power of attorney, it takes care of the living will, etc. Just make sure that person knows your wishes. And you absolutely need this.

I think the above needs to be clarified a little. The terminology can get confusing/misleading because some documents are called different things from state to state. What I would recommend you have is . . .

1) Last Will and Testament OR Revocable Living Trust--To make sure that upon your death, your assets go to the people you want them to go to. If you don't have a Will or a Trust, your heirs are defined by state statute and may not be what you choose.

2) Nomination of Guardian for Minor Children--This is usually done in your Last Will and Testament.

3) Durable Power of Attorney--This document will allow the person you designate to take care of your legal and financial matters in the event of your incapacity. Sometimes a legal guardianship (for you if you are incapacitated) is necessay, so this document should also include nomination of a guardian.

4) Durable Power of Attorney for Health Care Decisions--This document is called different things in different states. It allows the person you designate to make health care decisions for you.

5) Advance Directives to Physicians/Living Will--Again, this document is called different things in different states. It allows you to state in advance of a coma, persistent vegitative conditio, etc. your wishes with regard to life support and artfical nutrition and hydration.

All of the above goes for you and DH (if you have one).

DEFINITELY PAY A LAWYER. While online legal documents or legal software documents might be fine in and of themselves, you don't know what you don't know. Its too late after your incapacity or your death to fix an error.

Finally, this isn't a legal document, but I would also suggest that you (and DH if you have one) have at least some life insurance. HTH

[baileygirl]

We have everything listed in the post just before mine. I know with our lawyer if we need to make changes they said it is only a small fee to update.