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Estate Planning: Wills, Living Wills, Health Care Proxies and Powers of Attorney
We’ve all had the opportunity to witness the emotional and financial difficulties faced by the family members of Terri Schiavo. The SBA would like to encourage all of its members to avail themselves of a new legal benefit offered all members. All members are entitled to the preparation of a Living Will, Health Care Proxy and Power of Attorney. Please contact our offices and we will prepare the necessary documents. It is not necessary to visit our office as the documents can be prepared in accordance with your directions and sent to you with instructions on how to sign them. (Please note that Wills, however, must be signed under the supervision of an attorney).
A thorough estate plan includes not only the preparation of a Will which provides for a disposition of your assets after your death, but a Living Will, Health Care Proxy and Power of Attorney as well.
A Power of Attorney allows someone else to act on your behalf, while you are alive (even if you are unable to communicate) for various types of matters (but not health issues). So the person you designate as your agent in a Power of Attorney, can pay your bills, transfer your assets and basically act as you would while you are alive. When you die, the agency ends. You may designate as many people as you like as your agent, either to act together or separately. The Power must be signed and notarized.
A Health Care Proxy designates an individual to make health care decisions on your behalf when you are unable to. You may only designate one such agent but you may select successors if that person can’t or will not serve as your agent. In choosing such a person, it is better to select someone who lives near to you, who can understand and assess possible conflicting medical recommendations, and who is decisive enough to make what may be difficult choices. Your designee must be at least eighteen years of age. Your spouse or adult child may not always be the best choice. You should be sure to discuss your wishes with regard to treatment with the agent you have chosen and be certain that they are willing to serve. The Proxy must be signed before two witnesses, who will also sign. The witnesses cannot be your agents. If your health care agent is your spouse and you later divorce or separate, that person will not be permitted to act unless the Proxy provides that they can. You may change your agent, by signing a new Health Care Proxy at any time.
A Living Will actually recites your wishes with regard to treatment and can be as specific as you would like. It is proof of the type of medical treatment (like life sustaining measures) that you want to have administered. The Living Will is also signed before two witnesses, who will also sign.
Please feel free to call or email my office with any questions you
may have.
Denise R. Langweber
Attorney at Law
3332 Sunrise Highway
Wantagh, New York 11566
516 765-2800 Tel
516 781-0347 Fax
email: denise@langweberlaw.com
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