feh - wills..

[needlegrrl]

so i've been searching around on the web, for a blank will (as in, last will and testament) and living will form for my mom - she was talking about wanting one, but not wanting to go to a lawyer.

i think i found a free one for her - am i correct in thinking that she can do this on her own? i mean, she needs a witness that is not named as a benficiary and a notary public, right?

Comments

[anmorata.livejournal.com]

I think so, but I'm not entirely certain. :/

[closetdiva.livejournal.com]

ooo - could you point me to the free one as well?

[hdiandrew.livejournal.com]

I have the Quick and Legal Will Book from the library at home, if you want to borrow it. Also, I posted my living will on LJ back when the GOPs were torturing Terri Schiavo.

[kittymel.livejournal.com]

do you have the date of that or is it in your lj memories?

[hdiandrew.livejournal.com]

It is now!

http://hdiandrew.livejournal.com/84301.html

[kittymel.livejournal.com]

just a reminder, you need to updte a living will yearly, in order for it to be most effective. something that is witnessed by a notary or non-family member is more "legal" than one that isn't and copies should be given to all family members.

[night101owl.livejournal.com]

She does not need a public notary (though it doesn't hurt to use one as a witness, if you can get one for free-- a lot of people use them just to be sure), but she does need at least two (three is not a bad idea) witnesses who do not stand to benefit from the will (and are not heirs by blood or marriage), and are over 14.

Does she have a spouse? If not, and if all she's doing is dividing everything equally among her kids, there shouldn't be a problem. If she's trying to set up some kind of trust, or of she wants to exclude someone (a kid or a spouse), she might want to talk to a lawyer, because there are limits to what you can do (a spouse may be entitled to a certain amount, regardless of what you have in your will).

This is something that can be done without a lawyer, but understand that I've read a ton of cases in which people have screwed things up, because of no lawyer or a bad lawyer.

[night101owl.livejournal.com]

As for the living will, it has to be witnessed by at least two people who don't stand to inherit (by will or by blood/marriage), who are not blood relatives, who are not responsible for medical costs, and who are not employees of a medical establishment where she's a patient or her attending physician. Here's the sample form recommended by Georgia statute:
--"LIVING WILL--


Living will made this _____ day of _____ (month, year).


I, _____, being of sound mind, willfully and voluntarily make known my desire that my life shall not be prolonged under the circumstances set forth below and do declare:


1. If at any time I should (check each option desired):

( ) have a terminal condition,

( ) become in a coma with no reasonable expectation of regaining consciousness, or

( ) become in a persistent vegetative state with no reasonable expectation of regaining significant cognitive function,



as defined in and established in accordance with the procedures set forth in paragraphs (2), (9), and (13) of Code Section 31-32-2 of the Official Code of Georgia Annotated, I direct that the application of life-sustaining procedures to my body (check the option desired):

( ) including nourishment and hydration,

( ) including nourishment but not hydration, or

( ) excluding nourishment and hydration,



be withheld or withdrawn and that I be permitted to die;

2. In the absence of my ability to give directions regarding the use of such life-sustaining procedures, it is my intention that this living will shall be honored by my family and physician(s) as the final expression of my legal right to refuse medical or surgical treatment and accept the consequences from such refusal;

3. I understand that I may revoke this living will at any time;

4. I understand the full import of this living will, and I am at least 18 years of age and am emotionally and mentally competent to make this living will; and

5. If I am a female and I have been diagnosed as pregnant, this living will shall have no force and effect unless the fetus is not viable and I indicate by initialing after this sentence that I want this living will to be carried out. (Initial)


Signed ____________________

____________________ (City), ________________ (County), and ________________
(State of Residence).


(to be continued, too long for one comment)

[night101owl.livejournal.com]

(continued)
I hereby witness this living will and attest that:


(1) The declarant is personally known to me and I believe the declarant to be at least 18 years of age and of sound mind;

(2) I am at least 18 years of age;

(3) To the best of my knowledge, at the time of the execution of this living will, I:

(A) Am not related to the declarant by blood or marriage;

(B) Would not be entitled to any portion of the declarant's estate by any will or by operation of law under the rules of descent and distribution of this state;

(C) Am not the attending physician of declarant or an employee of the attending physician or an employee of the hospital or skilled nursing facility in which declarant is a patient;

(D) Am not directly financially responsible for the declarant's medical care; and

(E) Have no present claim against any portion of the estate of the declarant;

(4) Declarant has signed this document in my presence as above instructed, on the date above first shown.


Witness __________________
Address __________________

Witness __________________
Address __________________


Additional witness required when living will is signed in a hospital or skilled nursing facility.


I hereby witness this living will and attest that I believe the declarant to be of sound mind and to have made this living will willingly and voluntarily.


Witness: _____________________________________________
Medical director of skilled nursing facility
or staff physician not participating in care
of the patient or chief of the hospital
medical staff or staff physician or hospital
designee not participating in care of the
patient."

PS: I'm only providing this for information, and I am not your lawyer, etc. etc.