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Protecting Your Financial Future: Wills And Powers Of Attorney

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Wills

Most individuals work hard accumulating assets for their family’s welfare. Not spending enough time planning how to preserve those assets for your heirs can be costly.

When you die without a will, the state court steps in to make those decisions for you according to applicable state law. The state also charges your estate for the expense involved and, if you are not married and have no blood relatives, may even take your property upon your death. With so much at stake, it is easy to see why a will is the foundation of comprehensive estate planning.

If you are a servicemember, it is especially important for you to have a will since you may be more likely than a civilian to face life-threatening situations as part of your job. The installation’s legal office will assist you in preparing and executing a will free of charge. You should update your will at regular intervals and whenever a significant life event occurs, such as marriage, the birth or adoption of a child, or moving to another state.

A will allows you to:

  • Designate who receives your property when you die.
  • Appoint a guardian for your minor children.
  • Provide financial security for your spouse and children.
  • Leave money to a worthy cause.

Powers Of Attorney

With a power of attorney, you can give another individual the legal authority to act on your behalf for a purpose you designate, such as paying your bills, managing your personal affairs or handling your finances. You must be of sound mind and not under mental duress to prepare and execute any of these documents. A general power of attorney expires if you become incapacitated.

You have several options for authorizing another individual to act on your behalf.

Durable Power Of Attorney For Financial Decisions

  • Continues to operate even if you become unable to manage your own personal and financial affairs.
  • As long as you are mentally competent, you can revoke a durable power of attorney whenever you wish.
  • Consider executing a new durable power of attorney every 3 to 5 years to confirm your intentions.
  • Take your durable power of attorney to your financial institutions while you remain competent, to confirm they would accept it.

Health Care Directive, Living Will Or Directive To Physicians

  • Designates medical procedures you want taken if you become too ill to state your preferences.
  • You can specify types of treatment you would reject or accept, such as no cardiac resuscitation but maximum pain relief.
  • You determine when your instructions apply, such as when your diagnosis is a terminal condition.
  • Consult with your physician to determine your options.
  • Leave a copy of your living will with your physician.
  • Review your options periodically. Revise your health care directive to reflect changes in your preferences. New medical discoveries could alter your decisions.

Durable Health Care Power Of Attorney Or Health Care Proxy

  • Allows you to appoint someone to make health care decisions on your behalf should you become incapacitated.
  • Have it prepared by an attorney who specializes in this field to ensure it conforms to your state’s laws.

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