As we approach the New Year, many folks include among their resolutions creating or updating their estate plans. What is often not appreciated are the number of issues that should be considered and addressed in one's estate plan. It’s important to take time to handle these issues so that you’re protected throughout your lifetime as well as after you die. Many people don’t take the time to fully think about their individual estate planning needs. Take a look at the information below to … [Read more...]
What is a California Advance Health Care Directives?
Advance health care directives are the medical portion of a California estate plan. They typically include the designation of a health care agent, a statement of wishes concerning end of life care (commonly called a living will), instructions concerning organ donation and provisions for the disposition of remains. You can also add any other medical instructions you so desire. In other states, such documents are called durable powers of attorney for health care and directives to physicians, … [Read more...]
Is a Living Will the Same as a Living Trust?
Though the names may be very similar, a living will and a living trust are not the same, nor do they serve the same purpose. A living trust is a type of trust that holds and manages your assets while you are still alive, then distributes those assets to your beneficiaries upon your death. A living will, on the other hand, is a term commonly used to describe a legal document that provides your instructions regarding the course of medical treatment you want followed if you become unable to … [Read more...]
Making Health Care Directives in California
An Advance Health Care Directive is a legal device commonly used in incapacity planning that allows you to name a person to make medical decisions for you in case you should become disabled. You may have also heard this legal document referred to as a Medical Power of Attorney or a Durable Power of Attorney for Health Care. The person that you name to make medical decisions for you may be called your agent or advocate. Along with your medical decisions, the Directive also lets your health care … [Read more...]
You Don’t Have a Living Will, But Your Doctor Probably Does
Even though a lot of people realize that they need some kind of advance health care directive, commonly referred to as living will, they rarely get around to making one. According to survey figures, only about 20% of American adults have created some kind of advance directive. Yet when it comes to these important legal documents your doctor is more than three times as likely to have created one. Studies show that about 64% of physicians have some kind of medical directive. These legal documents … [Read more...]
Do I Have to Register my Health Care Directive in California? 3 Questions
Question 1: I’ve made an advance healthcare directive. Do I have to register it with the state? No. There is no legal requirement that you register or file any advance healthcare directive you might have made with a government office. Advance healthcare directives in California have to meet specific legal requirements, but registering them is not one of those. The California Secretary of State’s office does offer a voluntary registration service, but you are not obligated to use it. Question … [Read more...]
Attorneys at Law and Powers of Attorney – 3 Questions
Question 1: What is the difference between an attorney at law and a power of attorney? An attorney at law is a person who is legally allowed to practice law, while a power of attorney is a legal document that any competent adult can create. Through a power of attorney you can select someone else, commonly referred to as an agent or attorney in fact, to have the legal authority to act on your behalf in a variety of capacities. If you hire an attorney at law, this person can represent your … [Read more...]
California Advance Health Care Directive – 5 Important Elements
Element 1: Health care power of attorney. A California Advance Health Care Directive (AHCD), which is the California version of a document also known as a health care power of attorney, will let you choose someone who can be responsible for making medical decisions on your behalf should you ever become unconscious or otherwise incapacitated. While you can choose whomever you wish, that person should always be a capable adult who can be easily reached by your health care providers in case of an … [Read more...]
The Top Three Other Documents Your Estate Plan Should Include
When you decide to proceed with the creation of an estate plan, an experienced and qualified estate planning attorney will inevitably discuss including other documents in your estate plan in addition to your Will or Trust. Your estate plan should, at a minimum, include three other documents. These are: Advance Health Care Directive: This important document allows you to appoint a health care agent and to make specific decisions regarding future medical treatments you want to receive if you … [Read more...]
What’s a Living Will?
If you’re like most people, you’ve heard the term, “living will,” but have some questions about it. What is a living will? Why do I need one? Is it the same as a will? What’s it all matter anyway? In general, the term "living will" refers to a document in which a person can set forth his or her wishes relating to future medical care, in particular, end-of-life care. It is different than a Last Will and Testament wherein you set forth your instructions for your estate following your death. … [Read more...]
