Personal Planning Package - Planning For Death Checklist

It’s not written in any law that only an attorney can draw up a will. Everyone is free to make their last will themself, provided that it corresponds with your state’s particular laws and regulations. You can save on lawyers and legal advisers by writing out your testament on your own. However, make certain that you fully meet all the legal requirements and sign your testament with your handwritten signature in the presence of witnesses who also need to approve the deed.

It’s not necessary, however, it’s preferred. The law generally recognizes wills without notarization when written in person (with a testator's hand or, in certain circumstances, their mouth/foot), properly signed, and verified by two witnesses. The exact requirements may differ by state, and it's highly recommended to check them accordingly.

A will becomes valid and has a legal effect only when complying with the following conditions:

A Living Will covers further medical instructions on treating a person that loses capacity. It comes into legal effect when a doctor certifies that a person is no longer capable of independently making decisions concerning their health. Once issued, it never expires until the person dies, revokes it, or unless a court cancels it.

A Power of Attorney (POA) is a legal document where a principal authorizes an agent to represent them and act for them in the event of their incapacity. POAs are classified into 4 types according to the authorities granted to the agent:

• • General POA — provides an agent with lots of authority but stops after a principal becomes incapacitated
• • Durable POA — starts only after the principal’s incapacity
• • Special (Limited) POA — provides agents with authorities within a special (limited) area (e.g., selling real estate)
• • Springing Durable POA — starts after a certain event.

States can also recognize alternative kinds of Powers of Attorney, like financial, medical, mental health, etc.

All limitations regarding a Power of Attorney are set by law and differ across states. But the general limitations on the documents are common: a principal must be sane (of sound mind) when issuing a POA, and the paper loses validity once the principal dies.

If a person becomes incapacitated without having left any authorization letters, usually, it’s a relative with the right to make decisions about medical treatment and who handles their financial affairs. However, with several family members or without having them at all, certain issues arise, and it’s the court or medical staff who’ll make such decisions. Every state has its own POA laws for such issues, so check them and consult a lawyer, if needed. It’s recommended that you have a POA prepared in advance to avoid conflict situations.

The form’s content varies depending on the state, but mostly it includes yes-no and open questions concerning the care you wish for or refuse to get when it comes to your potential passing. Carefully go through them all. Also, choose an individual you authorize for making health-related decisions in your name, give their personal and contact details. Sign the document properly. Ask two witnesses to confirm your deed with their signatures and notarize the form if these requirements are obligatory in your state.

Before you answer our questionnaire and get your Personal Planning Package, go through these recommendations to properly arrange everything for your future testament.

• Start preparing your end-of-life papers by making a list of the property you possess. Write down your real estate, bank accounts, other financial assets like stocks and bonds, savings in cash, jewelry, and other property (patents, royalty, etc). Make other significant notes like their amount or current value.
• Prepare and review all documents that prove your ownership. Make sure they are in order and kept safe. Be certain that your family members and people you appoint as executors of your will (it’s better to have more than one in case of unpredictable issues) know where you store your documentation.
• Think of your beneficiaries — your family and/or other people who will inherit your belongings. Who do you want to bequeath your property to and how do you want to distribute inheritance shares between them?
• Consider unexpected issues like accidents or illnesses leading to your disability. Who do you trust to be your agent and act on your behalf? Do you wish to leave special advice on further medical treatment in the event of incapacity?
• Complete the questionnaire on our website. Make certain all data provided is accurate and up to date. Check your responses before submitting them.
• Register an account and choose the subscription plan that works best for you. Once done and downloaded your form package, go through a quick questionnaire to obtain the Will template that suits your needs.