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Q.)
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What is a will?
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A.)
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In non-lawyer words it's a piece of paper that says "who gets what" and sometimes "who doesn't get what" when you die. In lawyer terms a will is a method, usually written, by which someone determines how their property will be distributed at death.
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Q.)
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What are the benefits of having a will?
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A.)
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1.) You, not the state, decide how your property will pass the time of your death.
2.) You decide who will manage your affairs following your death by appointing an executor.
3.) Through direction or instruction in the will, you can allow the person who manages your estate to do so without the necessity of paying the costly premium for a surety bond to insure their honesty.
4.) You may select a guardian for your children in the event they are minors.
5.)  If there are special gifts of property you wish to leave to certain individuals or if there are special gifts to charity you may designate these items in your will.
6.) You may establish a trust to provide for an individual who cannot provide for themselves as a result of illness, age, or other disability.
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Q.)
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What is power of attorney?
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A.)
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In non-lawyer words it's a piece of paper that lets someone take care of your
business stuff. To sound a bit more lawyer-like a power of attorney is a
document that allows someone to act in your behalf in handling business and
personal affairs. The power of attorney can have broad sweeping powers or it
can be very limited in scope; that is it can expire in one week, one month, or
one year. It can be limited in scope, that is, it can grant the authority to
perform a single task or a limited number of tasks. The power of attorney can
be for an unlimited amount of time and can give someone the authority to perform
almost any act other than writing a will.
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Q.)
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Why would I want to give anyone my power of attorney?
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A.)
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If you feel confident that no one would ever have to act in your behalf in
business matters should you be the victim of stroke, disease, accident or other
catastrophe; or you are unwilling to relinquish control of your affairs under
any circumstances then you probably will never have need for a power of
attorney. However, if you feel there is a possibility you could be the victim of stroke, disease, accident or other catastrophe and there are individuals you would trust to handle your business affairs there is much wisdom in giving them power of attorney.
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Q.)
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If I need a power of attorney who should I appoint to serve?
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A.)
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You may choose anyone you wish who is 18 years of age or older. Most choose a spouse, an adult child, a relative, a close friend, or a corporate agent such as a financial institution.
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Q.)
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What is a living will?
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A.)
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It is a document that expresses your wishes as to what action you wish to have taken in the event you are the victim of a life threatening illness or condition.
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Q.)
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What is a health care power of attorney?
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A.)
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A health care power of attorney is a document in which you appoint someone to make health-care decisions for you in the event you are unable to make such decisions for yourself. Court decisions have made it clear that each of us may, provided we are competent and of legal age, make our own health care decisions regardless of whether others agree with the wisdom of these decisions. Unfortunately, there may come a time when due to stroke, accident, illness or medication when a physician determines that we are incapable of making our own medical decisions. When a physician makes such a determination, this decision-making responsibility falls to the next of kin. Under normal circumstances that should not result in a problem. However, when the next of kin is a second spouse and there is a disagreement with children from a previous marriage, or when the decision making spouse has dementia or when the next of kin is remote both geographically and otherwise, there is good reason to have a health care power of attorney in place.
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