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Estate Planning Questionnaire
Estate Planning Questionnaire
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All relatives who would share in your property if you had no will (ie. children)
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Do you have a safe deposit box?
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Check all that you have:
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Living Will
Health Care Proxy
Power of Attorney
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Which of the following would you like for us to prepare?
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Living Will
Health Care Proxy
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Who do you want to act as Executor and Alternative Executor?
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List all life insurance policies
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WHY YOU NEED A POWER OF ATTORNEY, HEALTH CARE PROXY, AND LIVING WILL POWERS OF ATTORNEY
(Required)
By signing a durable power of attorney, you can authorize another person, or persons, known as the “agent” or “attorney-in-fact” to act on your behalf to perform any number of specified acts. Powers of attorney are useful to manage your affairs if you subsequently become incompetent thus avoiding the need for a more complex and costly guardianship or trust.
There are two types of powers of attorney. The “general power of attorney” goes into effect as soon as it is signed notarized and initialed. The “springing power of attorney” is for those who are hesitant to grant a power of attorney while they are still able to manage their own affairs.
The springing power of attorney takes effect at a specified future time or upon the occurrence of a specified contingency, such as the signing of a written statement by a physician or licensed psychologist or psychiatrist certifying that you are suffering from diminished capacity that precludes you from conducting your own affairs in a competent manner.
You can grant to your agent the power over some or all the following transactions: real estate; personal property; bonds, shares and commodities; banking; operation of a business; insurance; lawsuits; benefits from military service; and records, reports and statements. A power of attorney is not a substitute for a will because it automatically terminates upon your death.
HEALTH CARE PROXIES
Your spouse or other relatives are not legally authorized to make medical decisions on your behalf unless that authority is delegated to them by a living will and health care proxy. Health care proxies recognize your right to appoint a health care agent that you trust to decide about medical treatment in the event that you become unable to decide personally. Unless specified otherwise, the agent will have the same authority that you would have in deciding about treatment. The authority encompasses the right to forego treatment or to consent for needed treatment. The agent’s authority begins only when a physician determines that you have lost the capacity to decide about treatment.
LIVING WILLS
Living wills are written declarations instructing your family and doctor about life-prolonging medical procedures when your condition is terminal and there is no chance of medical recovery. Under constitutional and common law, patients have the right to refuse medical treatment. A living will give you the opportunity to express your wishes in advance, since you may not be able to make them known when it becomes necessary to do so. Life-prolonging procedures include the use of machines if you cannot breathe on your own, performing operations or prescribing antibiotics that cannot realistically increase the chances of recovery, starting your heart mechanically when it stopped beating, or feeding by tube.
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