What Documents Do I Need?

No one wants to think about death or think about making plans if they die.  However, with careful estate planning, you are assuring that your loved ones are taken care of according to wishes and desires.  Even without having children, estate planning allows you to determine who receives your property. 

So, what do I need?  You should consider the following documents:

1. A Will:  A Will (or Last Will and Testament) names an executor whom you choose who will manage your estate and follow your wishes that are listed in your Will.  The Will states who receives your property and assets.  If you have an dependents, a Will may appoint a guardian for your dependents. 
2. Statutory Durable Power of Attorney:  A statutory durable power of attorney allows you to appoint a person who will have the authority to legally handle your affairs in the event of you becoming disabled or incapacitated.  For example, you are injured in an accident and you are unable to maintain your current obligations due you being in a coma or incapacitated.  The statutory durable power of attorney allows your appointed person to handle financial matters and access your financial accounts on your behalf.
3. Medical Power of Attorney:  A medical power of attorney allows you to appoint a person who will have the authority to make medical decisions for your behalf if you are disabled or incapacitated.
4. Advance Directive to Physicians/Living Will:  An advance director to physicians or a living will protects your medical decisions should you become terminally ill or suffer from an irreversible medical condition.  The document will list your medical wishes regarding continued health care and life saving or life extending procedures. 
5. Out-of-Hospital Do-Not-Resuscitate Order (“DNR”):  The DNR order allows you to refuse certain life-sustaining treatments in non-hospital settings where health care professionals are called to assist, including hospital ERs and outpatient settings.
6. Health Insurance Portability and Accountability Act of 1996 (“HIPAA”) Authorization Form:  A HIPAA authorization form authorizes medical care providers such as physicians and hospitals to release your medical records to individuals that you specifically authorize in the document.
7. Designation of Guardian:  A designation of guardian allows you to appoint a person who will act as a guardian for yourself or to prohibit a person from acting as your guardian should the need ever arise.