Wills and Trusts, Living Wills, and Durable Power of Attorney in PA

Wills and Trusts

A will, a regular ordinary will dictates how your estate and property is to be distributed after your death, and it may also include your designation for guardians of your children, or self should you become incapable or pass away. A regular will must pass through probate court in most states before your estate can be passed on to your heirs. Probate court can take some time if there are disputes so make sure your wishes are clear and intent when writing your will.

Unlike a regular will that cannot be changed after it has been written, a living trust can be amended at any time. You can put property into your living will at any time before your death and afterward your estate goes directly to your heirs without passing first through probate court. If you ever change your mind about the definitions of your will you can change or revoke how your estate will be divided by using a living trust. A living trust, will also save money and time later on because your loved ones won't have to go through probate first.

Living Will and Durable Power of Attorney

A living will is a legal document addressing only deathbed considerations. A living will defines your wish to be kept or not kept alive by artificial life support in the event of terminal illness or injury. A living will also gives you the ability to set limits on your hospital, medical, and funeral costs that can easily drain your estate and leave your loved ones with bills. It's best to be prepared, and prepare your family for what the future may hold. If you express your wishes beforehand it will make the process much less stressful for those involved in your care and your last wishes.

Durable Power of Attorney

People use a durable power of attorney to appoint someone they trust to make all healthcare decisions, limited by certain elections regarding deathbed issues. The client must be at least 18 years old and mentally competent at the time he/she executes either a living will or a durable power of attorney but incompetent to participate in the decision-making process when either is implemented. Both documents are only applicable if the client is incompetent.

Under the healthcare power of attorney (POA), the client makes three separate and independent elections authorizing the agent:

To direct disconnection of artificial life-support systems in the event of terminal illness;

To direct disconnection of artificial life-support systems in the event of irreversible coma; and

To direct discontinuation of artificial nutrition and hydration.

Each document has restrictions as to who can participate. Both documents are revocable through normal revocation procedures. Upon entering a nursing home, a durable power of attorney for healthcare will be asked for to then be included in the patient's chart.

Preparation is key while the decision making process is alive and well rather than making these decisions later when everyone is stressed. Contact the PA law firm of Welch Gold & Siegel to help make the process easier for you and your family.