I have an advanced medical directive but I was thinking I might need a power of attorney as well. And even though I am married and in a state where the survivor gets everything including the bills and will. Any other docs?
Having read the other answers to your question, I highly recommend you consult a trust and estate attorney. While some of the information is correct, some is not. And please realize that trust and estate and probate laws vary from state to state, sometimes surprisingly so. There is no size fits all.
Will (make sure you name a successor executor) any trust you might want to set up (name successor trustee), durable medical power of attorney (with successor agent), durable financial power of attorney (with successor agent), living will, HIPAA forms.
There are many pros and cons about trusts. If you live in a state where probate is complicated and expensive, you may want to place assets in a trust. But realize that anything you place in a revocable living trust must be retitled in the name of the trustee of the trustee. If you want to remove the asset, it must be retitled in your name. There also may be ramifications to having your house in a trust if you end up needing Medicaid. An irrevocable trust is another animal altogether. Both types of trusts require administrative attention.
Pet trust exception: On the other hand, if you have pets such as cats and dogs that you think will outlive you, you really should look into a pet trust. If you have an animal such as a horse or a long-lived animal such as a large parrot, you really do need to consider a pet trust for them.
It's always good to have a separate document giving your funeral directions but do not include this in a will. Another helpful document is a memorandum of personal property that lists those you want to receive items that have relatively little value other than sentimental.
If you are active on the internet, a digital estate plan would be vital for the executor. Password management programs are a good way to organize all your passwords. The program then has its own password that your executor should have access to (of course, this has to be highly guarded).
Make sure that all assets that allow beneficiary designations are up to date. Even though assets with properly filled out designations do not go through probate, include a list of all these assets in your estate plan file.
It's important that your estate documents not contradict one another. For example, don't leave an asset to one beneficiary in a trust and the same asset to a beneficiary in a will.
Keep your estate documents in one place and tell your executor where they are. If you are going to use a safety deposit box, make sure the executor will be allowed access and has the key.
It's also important that you speak with all those you have chosen to handle your affairs after your death -- executor, trustee, POA agents. Strangely enough, some people don't do this. They need to know what is expected of them and where important information is located.
I recommend you see a trust and estate attorney. If you want to do all this on your own, at least pass the documents by an attorney to make sure nothing is out of order or missing. You may also want to consult a tax advisor.
1. If you own any real estate, get a trust created to avoid probate. Put your real estate, cars, boats, bank accounts, stock accounts -- anything big ticket --in the trust. Keep one small checking account outside the trust so your POA or relatives can access funds if needed right after your death. My folks just put me on that account, and I was able to pay for their final expenses out of it. They had their Social Security checks sent to that account, and my dad would periodically transfer funds out of his trust account into it, and that's how they paid their bills and enabled me to take over seamlessly when necessary.
2. Will. This is where you leave your ceramic duck collection to your best friend, and your green costume jewelry to your one daughter, and your red costume jewelry to your other daughter. Or, you just say "all my stuff goes to my husband, then it's his problem to sort it out." (Or in your case, your wife's jewelry.)
3. Power of attorney for financial issues. This person is authorized to handle your finances, sell your stuff, pay your bills, etc. FOR YOUR BENEFIT, not to disperse to other people. There are POAs where you grant just one task -- say, to your Realtor if you're out of the country and can't sign something -- and others where there are a variety of scenarios such as paying bills, handling stocks, etc. You can grant one power, or all of them, or anything in between. Mostly you'd grant all powers with the stipulation that you must be deemed incompetent to handle your own affairs by two doctors.
4. Medical power of attorney -- This person handles your medical decisions. Not your medical bills -- that's the job of the gther POA -- but deciding whether to put you through a procedure, pulling the plug, etc. Ideally, pulling the plug is a family decision, but the POA is the one with the power. Frankly, I think it's best not to grant this to someone who can't make hard decisions. Sometimes those closest to us have the toughest time making those decisions which can lead to unnecessary suffering. Choose someone strong.
Multiple people as POAs is rarely a good idea unless you think they'll work well together. More than one person handling the money can be tricky, and the same goes for multiples making medical decisions. If you have one person willing to handle both POA jobs, all the better, but make sure you trust them. It isn't a small thing to grant someone power of attorney, so be sure to ask if they're willing to take on the job. Be sure you name a couple of back-ups as well in case you name your spouse first and he predeceases you or becomes incapacitated first.
Of course, get with a trust and estate attorney to get all this hashed out properly. This isn't a DIY project.
A trust may not be such a great idea depending on the state where you live and the property you own. Probate is more difficult in some states and no big deal in others. Attorneys like trusts because they get paid to create them. If dealing with an attorney it’s important to choose one you can trust to find out what is best for you.
1-POA, 2-Last Will or Testament and 3-Living Will. In addition, add a relative to all bank accounts and Credit Cards. Transfer titles of all properties to family members (Real Estate, Vehicles, etc.), just like if you were dying from a terminal disease. For al practical purposes, dementia is the same as dying (half-way). Your body moves, but you don't exist anymore as a legal individual. .
Transfering title to property is generally not recommended. It is better for the recipient to inherit the property -- there are some significant tax implications. Also, if someone has been added to the title and the owner wants to see but the additional title holder doesn't want to sell -- that creates a very bad situation. An elder law attorney should be consulted.
A will can contain a "springing POA". Make certain that the person you are appointing understands the duties of accounting, of paying bills, of placement if you are incompetent, of applying for medicaid if ever needed, of selling real property. And etc. Make certain the POA is "willing to serve". Then, if you are ever adjudged to be incompetent by several doctors in writing, the POA can take over these things. Generally a "package" price is given for will, advanced directive for medical issues (know your wishes and state them, and for POA. If this is done, be certain the POA is first willing, and second, has a copy of the papers. It is common for the POA to be executor of the will after death, when POA expires, and you certainly can also make this person the beneficiary if you wish.
I have , a will, durable power of attorney, medical power of attorney , a living will.. that is on file with your drs office, I need to add my children to our bank accounts as POD , Payable on death…… not sure what the 5 the thing you need per 5@55… but Google could help..
actually I just googled and found this synopsis of the book
Many people discover too late that they need some essential legal documents to deal with common health and end of life issues. Failing to prepare these documents ahead of time can create major legal headaches that often require expensive trips to court to resolve. Written by expert attorneys, “5@55” is a slim, easy-to-read guide to the five most important legal documents you should have by age 55: Healthcare Advance Directive, Living Will, Power of Attorney, Last Will and Testament, and Authorization to Access Electronic Records and Media Sites. These are the documents that everyone says they’ll get to “eventually.” But “eventually” all too often turns to “never.” Setting a deadline of age 55 to draft these essential documents ensures that they’ll be ready before you need them—and avoid nasty and costly surprises. With full descriptions of each document, explanations of why you need it, and sample documents you can adapt to your own needs, “5@55” is a must-have manual for the second half of life
There are many pros and cons about trusts. If you live in a state where probate is complicated and expensive, you may want to place assets in a trust. But realize that anything you place in a revocable living trust must be retitled in the name of the trustee of the trustee. If you want to remove the asset, it must be retitled in your name. There also may be ramifications to having your house in a trust if you end up needing Medicaid. An irrevocable trust is another animal altogether. Both types of trusts require administrative attention.
Pet trust exception: On the other hand, if you have pets such as cats and dogs that you think will outlive you, you really should look into a pet trust. If you have an animal such as a horse or a long-lived animal such as a large parrot, you really do need to consider a pet trust for them.
It's always good to have a separate document giving your funeral directions but do not include this in a will. Another helpful document is a memorandum of personal property that lists those you want to receive items that have relatively little value other than sentimental.
If you are active on the internet, a digital estate plan would be vital for the executor. Password management programs are a good way to organize all your passwords. The program then has its own password that your executor should have access to (of course, this has to be highly guarded).
Make sure that all assets that allow beneficiary designations are up to date. Even though assets with properly filled out designations do not go through probate, include a list of all these assets in your estate plan file.
It's important that your estate documents not contradict one another. For example, don't leave an asset to one beneficiary in a trust and the same asset to a beneficiary in a will.
Keep your estate documents in one place and tell your executor where they are. If you are going to use a safety deposit box, make sure the executor will be allowed access and has the key.
It's also important that you speak with all those you have chosen to handle your affairs after your death -- executor, trustee, POA agents. Strangely enough, some people don't do this. They need to know what is expected of them and where important information is located.
I recommend you see a trust and estate attorney. If you want to do all this on your own, at least pass the documents by an attorney to make sure nothing is out of order or missing. You may also want to consult a tax advisor.
These are suggestions and not legal advice.
2. Will. This is where you leave your ceramic duck collection to your best friend, and your green costume jewelry to your one daughter, and your red costume jewelry to your other daughter. Or, you just say "all my stuff goes to my husband, then it's his problem to sort it out." (Or in your case, your wife's jewelry.)
3. Power of attorney for financial issues. This person is authorized to handle your finances, sell your stuff, pay your bills, etc. FOR YOUR BENEFIT, not to disperse to other people. There are POAs where you grant just one task -- say, to your Realtor if you're out of the country and can't sign something -- and others where there are a variety of scenarios such as paying bills, handling stocks, etc. You can grant one power, or all of them, or anything in between. Mostly you'd grant all powers with the stipulation that you must be deemed incompetent to handle your own affairs by two doctors.
4. Medical power of attorney -- This person handles your medical decisions. Not your medical bills -- that's the job of the gther POA -- but deciding whether to put you through a procedure, pulling the plug, etc. Ideally, pulling the plug is a family decision, but the POA is the one with the power. Frankly, I think it's best not to grant this to someone who can't make hard decisions. Sometimes those closest to us have the toughest time making those decisions which can lead to unnecessary suffering. Choose someone strong.
Multiple people as POAs is rarely a good idea unless you think they'll work well together. More than one person handling the money can be tricky, and the same goes for multiples making medical decisions. If you have one person willing to handle both POA jobs, all the better, but make sure you trust them. It isn't a small thing to grant someone power of attorney, so be sure to ask if they're willing to take on the job. Be sure you name a couple of back-ups as well in case you name your spouse first and he predeceases you or becomes incapacitated first.
Of course, get with a trust and estate attorney to get all this hashed out properly. This isn't a DIY project.
.
Generally a "package" price is given for will, advanced directive for medical issues (know your wishes and state them, and for POA.
If this is done, be certain the POA is first willing, and second, has a copy of the papers.
It is common for the POA to be executor of the will after death, when POA expires, and you certainly can also make this person the beneficiary if you wish.
actually I just googled and found this synopsis of the book
Many people discover too late that they need some essential legal documents to deal with common health and end of life issues. Failing to prepare these documents ahead of time can create major legal headaches that often require expensive trips to court to resolve. Written by expert attorneys, “5@55” is a slim, easy-to-read guide to the five most important legal documents you should have by age 55: Healthcare Advance Directive, Living Will, Power of Attorney, Last Will and Testament, and Authorization to Access Electronic Records and Media Sites. These are the documents that everyone says they’ll get to “eventually.” But “eventually” all too often turns to “never.” Setting a deadline of age 55 to draft these essential documents ensures that they’ll be ready before you need them—and avoid nasty and costly surprises. With full descriptions of each document, explanations of why you need it, and sample documents you can adapt to your own needs, “5@55” is a must-have manual for the second half of life