Does one HAVE to consult an attorney for end of life documents?

Question

Such as a living will, medical or financial power of attorney?

Answer 1

No you do not HAVE to, however it is quite advisable to do so.

There are many errors that can be made in exectuting these documents, and by the time you are dead or incapacitated, it is much to late to rectify these errors. Improper form can completley nullify your living will, will, Power of Attorney and at the point they are needed you can't really correct them now can you?

Incidentally, most states and provinces require that a power of attorney is sworn by a Notary, (which, depending on the state, is normally a lawyer) or another person of oath (your doctor, perhaps, who will charge as much as a lawyer and does not know the law as well.

In addition, most places require that a witness to a living will or will swear an affidavit stating that they saw you execute the will, you are of sound mind and memory, over 18...blah...blah...blah. This affidavit is normally sworn in front of a lawyer or commissioner (which are normally in lawyers offices) With out this affidavit it may be impossible to probate your will or get a medical order. Any one will charge for these services.

Save yourself the hassle and pay the extra few bucks and get it done right.

Answer 2

No.

Best site I have found is NOLO.com and you might even be able to find out what the requirements are for each document your state uses.

I don't benefit from you buying anything from NOLO, I just like their stuff and have used it myself. If you are bent on doing legal stuff without a lawyer, that should be your first stop.

IMO, unless your own profession deals with these issues (like you are a CPA and understand all the estate tax stuff) it's worth paying a lawyer the $500 for a simple will, POA, trust, and health care proxy. If you have any complicating factors at all, then that is all the more reason to have a professional do it. Hire a specialist, someone who does a lot of estate planning.

Answer 3

No, and you can purchase documents online or at places like Business Depot, or Office Max, but I would recommend that if there are going to be many different beneficeries or there is a large estate or funds involved, its better to spend a little on an attorney to make sure all the "t's" are crossed and al the "I's" are dotted, becasue when it comes to the end, many family members will duel to the end. Its sad, but its true.....

Answer 4

you don't have to, you can pick up programs at staples or office depot. However, you should have them notarized for authenticity. It is also possible that in some places you may have to file them with the county or something.

Good thing about an attorney is that they may be able to catch any loop holes so you will won't go into probate or there won't be any fighting over it.

Answer 5

To make them officially legal, yes you do. You "could" write your your own documents, as long as they are in your own handwriting (no, not a computer typed document). Write exactly what you want to say, sign and date it, maybe even have it notarized. These types of documents will (most of the time) stand up in a court of law, but because they aren't "official" they can be contested if someone wanted to badly enough. Lawyers know all the legal mumbo jumbo that keeps them from being contested.

Answer 6

No, in many states these forms are statutory. You can locate the forms and just fill them out. However, you need to be aware of the legal effect of the documents.

Answer 7

Not necessarily. There are good online websites that offer free or reduced-rates for legal forms, filing info and other services. Google it.

Answer 8

Yes. We try to save money but in this case its best for your own protection.

Answer 9

no there are packages you can get at local places like office depot etc just have to make sure they are notarised