Living Wills & Health Care Powers of Attorney
You should make sure your wishes for the disposition of your property and care of your children are known. This is accomplished by having a Will. A Will is your statement of how you want your property divided at your death. You can also make provisions for trusts and guardians for your children. There are certain requirements your Will must meet in order to be a valid Will. If you have a Will drafted in another State, it is probably valid in North Carolina, however, it is a good idea to have it reviewed by a North Carolina attorney who does estate planning.
Our firm also handles estate planning for families with special needs family members. If you leave property to a person who is disabled and (s)he receives benefits such as ssi or medicaid, (s)he may lose those benefits. We can assist you in setting up your estate planning so (s)he may be able to retain the benefits and still inherit property.
If you die without a Will in North Carolina, North Carolina's intestacy laws determine how your property will be divided. That is why it is important to make your wishes known.
Living Wills and Health Care Powers of Attorney
A Living Will and Health Care Power of Attorney are messages to your family and doctor about how you want to be cared for if you are hospitalized with a serious illness. A Living Will tells your family and doctor what types of treatment you want if you are in a coma or have an terminal illness. A Health Care Power of Attorney is your nomination of someone to make health care decisions for you if you are not able to. Your documents can be stored online at the Advanced Health Care Directive Registry through the Secretary of State for easy access by your family and doctors.
A General Power of Attorney allows someone you appoint to act on your behalf in certain types of situations. This Power of Attorney can be made effective immediately or effective if you become incapacitated and can allow the Power of Attorney to do things such as write checks from your bank account and purchase property on your behalf. Of course, you should nominate someone you trust to be in this position.