Planning for the Future

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Last Will and Testament

A will is a legal declaration where a person, the testator, names one or more people to manage his or her estate and provides for the transfer of his or her property at death.

This document is a will and testament that provides for the distribution of a home, specific personal gifts, specific monetary gifts and residue of estate. This will also provides for instructions regarding disposition of the body upon death.

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Codicil (Modification to Will)

From time to time, circumstances may require a change in your will. In order to update your will, you don't need to rewrite the entire thing. All you need to do is create a codicil (modification to the will) and specify what part of the will you would like changed. Reference the location and the specific language you will be affecting. Be as clear and precise as possible to avoid undue complications. This form is not a substitute for legal advice. When making a codicil, it is highly recommended to seek the advice of a qualified estate planning attorney to avoid complications and assure that your codicil states your modified wishes.

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Living Will

A Living Will is a very important legal document that allows you to state your wishes and desires regarding health care treatment before you are unable to do so on your own. It allows you to give instructions as to what types of life-sustaining treatment you would like to receive upon your incapacity.

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Power of Attorney for Health Care and Living Will

A Power of Attorney for Health Care Living Will is a very important legal document that allows you to designate a person (an agent) to make health care decisions on your behalf upon your incapacity as you specify within the document. It allows you to give instructions as to whether you would like to receive life sustaining treatment upon your incapacity. Your incapacity is determined by two (2) physicians stating in writing that you are unable to make health care decisions on your own.

A Power of Attorney for Health Care Living Will differs from a basic Living Will in that it allows a person to name an agent to make decisions on his or her behalf wherein a basic Living Will merely allows a person to state their wishes and desires regarding health care decisions.

Additionally, this document contains a Health Insurance Portability and Accountability Act of 1996 (HIPAA) waiver. The HIPAA waiver states that the specific people you name can communicate with medical personnel about your condition.

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Power of Attorney (limited/specific)

A power of attorney authorizes another person to act on your behalf in legal, medical or business matters. Use this document to authorize someone to act on your behalf in matters which you are given the opportunity to specify.

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Revocation of Living Will and/or Power of Attorney

Upon the appropriate action of a declarant (person writing a will) a living will can be canceled or revoked. A living will can be revoked at any time without regard to the mental or physical condition of the declarant. The meaning of the revocation is that the will is no longer effective or legally enforceable. A revocation is effective when it's communicated to the attending physician or other health care provider by the declarant or anyone that witnesses the revocation.

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Revocation of Power of Attorney

A power of attorney authorizes another person to act on your behalf in legal or business matters. If you have already given someone power of attorney over your matters but have since then decided to revoke power from that person it will be necessary to do so in writing and have it authorized by a notary public. Use this document to revoke power of attorney from a previously authorized person.

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Life Insurance Beneficiary Change Request - General

A beneficiary of a life insurance policy is the person or entity that will receive proceeds from the policy upon the death of the insured or expiration of the policy. If you have designated someone as the beneficiary of your life insurance policy and you wish to remove that person as beneficiary and name someone else, use this document to do so and then send it to your life insurance carrier. Be sure you have met all of the requirements of your insurance company to change beneficiaries.

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General Power of Attorney

A power of attorney authorizes another person to act on your behalf in legal or business matters. Use this document to give authorization to another to act on your behalf. This document is meant to give broad power to the authorized person. The authority given is to manage and conduct all affairs and to exercise all legal rights and powers, including all rights and powers that may be acquired in the future. If you desire to give more specific powers, the Power of Attorney (limited/specific) is most likely the more appropriate document.

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Request for Credit Report

A credit report is a record of an individual's or company's past borrowing and repaying, including information about late payments and bankruptcy. It is used in determining an individual's willingness to repay a debt. The three major credit reporting agencies from where you would need a credit report are Equifax, Experian and Trans Union. Because other reporting firms gather your credit profile from a subset of one or more of these three major agencies, it's always a good idea to get a report from each agency. A separate request needs to be completed for each agency from which you want a credit report.

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Organ Donor Declaration

This Organ Donor Declaration is made in accordance with the Uniform Anatomical Gift Act. It allows an individual to make a gift of his or her organs. The individual making the gift can choose to make a gift of all or any part of his or her body for any purpose or for medical research only. This Organ Donor Declaration must be signed and dated by two witnesses one of whom is a disinterested witness. A disinterested witness means a witness other than the spouse, child, parent, sibling, grandchild, grandparent, or guardian of the individual who makes a gift of his or her organs.

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General Information

Congratulations, you are already a step ahead! By taking the initiative to plan for your future, you have already taken a step in the right direction. Planning for your future can seem like an extremely daunting task and many people overlook the importance of being prepared or simply are too intimidated to stay on top of it. LawSmart will help you stay organized and prepared while keeping the stress and anxiety to a minimum.