Last Will and Testament Package
Colorado Attorney R. Brian Daniel
Last Will and Testament
A person’s Last Will and Testament is the document wherein they direct how their estate should be administered and divided. Although provisions are made for the payment of all outstanding debts and taxes, the main purpose of a Will is to commemorate your desires and wishes with regard to where you want certain of your assets to go upon your death. The Will is also the document that dictates the personnel you choose to act as your Personal Representative and as the Guardian for any of your children if you die before they reach the age of 18. If any trusts are set up within the Will (typically to hold assets or funds for a person who has not yet reached a certain age), the Will also dictates the person to act as the Trustee for that trust.
In order to prepare a Will, it is important to seek the advice and assistance of a Parker, Colorado Estate Planning Attorney to assure that your desires are reduced to a writing that says what you want it to say. Too many times, people write down a statement that, in the eyes of the law, says something different that they intended. For this reason, and in order to assure that your Will is in compliance with the current laws of the State of Colorado, retaining a Parker, Colorado Estate Planning Attorney to prepare your Will is vital.
The “Living Will”
The Declaration as to Medical and Surgical Treatment (also known as the “Living Will”), is a document that can prove to be extremely important both while you are alive, and immediately after your death. The Living Will is the document that will direct your family and your health care providers regarding your wishes should you become incapacitated. Within the Living Will are instructions telling your family and your health care providers how you want your health care managed if you are in a coma (or some other state of incapacity). It is this document that gives your family and your health care providers instructions regarding whether you want life sustaining measures carried out, or whether you want them to withhold and withdraw them. You can also dictate (if you do want life sustaining measures withdrawn and withheld) that you do want pain killers and nourishment until the time of your death. Without directions from you regarding this very sensitive subject, it will be left to your family or your doctors to determine whether to keep you on life support for an extended period of time or, potentially, for years.
Medical Power of Attorney
This is a document that gives a Health-Care Agent, of your choosing, the authority to make healthcare decisions for you if you become incapacitated or otherwise unable to make such decisions. It is typically this person who you will also put in charge of decisions that need to be made pursuant to your Living Will. Medical Powers of Attorney are important at any time you are facing a medical intervention, a surgery or an extended hospital stay. At any time you are determined to be incapacitated (or even if you under anesthesia), if a medical decision needs to be made, your Health Care Agent will be permitted to step into your shoes and make decisions that might save your life.
General Power of Attorney
This is a document that gives an Agent of your choosing the authority to transact business on your behalf and also to make decisions regarding your finances and assets if you become incapacitated or otherwise unable to make such decisions. As an example, this Power of Attorney can be used to permit your Agent to access your banking tools to assure that your utilities and mortgage are paid in a timely manner while you are incapacitated. It can also permit your Agent to sign on your behalf if you are unable to executed business-related documentation.
At The Daniel Law Firm, we offer a Will Package that includes the Last Will and Testament, the Living Will, the Medical Power of Attorney and the General Power of Attorney. By combining all four of these very important documents, your Parker, Colorado Estate Planning Attorney can assure that the documents are in sync with each other and that they are in compliance with the laws of the State of Colorado.
If you are considering a Last Will and Testament in the State of Colorado, contact a Parker, Colorado Estate Planning Attorney at The Daniel Law Firm, today. (303) 951-0233
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