Catherine Rubio Kuffner, Esq.

Licensed in Washington, Oregon & Montana

-Wills

-Durable Power of Attorney

-Medical Power of Attorney

-Advanced Medical Directives (Living Wills)

 

Will & Estate Planning

Let’s be honest.  Thinking of our own demise is not fun and can be painful.  However, with thoughtful planning and the right documents, you should only have to think about this for the short period of time it takes to prepare these documents and then only again if you experience a major life change.  These documents are the tools you need to ensure your children are cared for, that the money and or insurance money you leave for them are properly used for their benefit, and your other property goes to whom you want.  I can help you make sure you have considered all possible scenarios so that your wishes will be carried out just as you desire.  Consider having me prepare the following documents for you and your spouse:

WILL

 

A will is a legal document that only takes effect at death and provides for the distribution of your property.  A will may also have other functions such as naming a guardian for minor children, creating a trust for children or others upon death, or naming a personal representative or “executor” to handle your property and affairs after death.  Even if you do not have children at the time you prepare a will, you can still provide for your future-born children.

 

A person does not need to have a large estate to have a will.  Anyone who owns property, whether “personal property,” such as cash, stocks, jewelry, or furniture, or “real property,” such as land or a house, should prepare a will.  If married, each spouse should have a will.

 

When a person makes a will, they can dispose of their property in whatever manner they like, as long as it does not violate certain rules of public policy.  If a person dies without a valid will, state law will provide for distribution of the person’s property.  Because this distribution may conflict with a person’s expectation of how their property should be distributed, it is important to have a will.

 

Sometimes people try to make their own wills, but fail to comply with their state’s legal requirements.  While each state has their own requirements for a legal will, generally as long as you make your will in a state according to that state’s requirements, it will be accepted in other states.  Having your will done by an attorney will ensure that your will is valid.  In addition, drafting a will is an important matter that involves the judgment and skills of an attorney.  I can guide you through the maze of decision-making and tailor your will to your own circumstances.

 

If you make a will, it will be valid until it is revoked or changed.  Consequently, you should review and change your will to reflect changes in circumstances such as, changes in property ownership, changed family relationships, personal choices, changes in state residence, or any changes in designated trustees or executors.

 

DURABLE POWER OF ATTORNEY

 

Estate planning documents not only provide for when you die, but they can also make sure you are cared for in the event something happens to you during your life that permanently or temporarily disables your ability to handle your financial affairs.  A Durable Power of Attorney allows you to name someone you trust to handle your financial, business, property and legal affairs in the event of your mental incapacity, whether temporary or permanent.  This document goes into effect upon your incapacitation and may be changed or revoked at any time while the you have capacity.

 

You should take great care in choosing any person or persons to be your Power of Attorney, whether it is for a general (General Power of Attorney), specific reason (Limited Power of Attorney), or in the event you become incapacitated (Durable Power of Attorney).  This person should be someone you trust implicitly and who will always keep your best interests in mind.

 

 

 

 

MEDICAL CARE

 

Medical problems can occur at any time during your life.  An Advanced Medical Directive or Living Will, allows you to outline your treatment choices in the event you are unable.  Additionally, you may also wish to appoint a Medical Power of Attorney to make decisions for you.

 

Advance Medical Directive to Physicians or "Living Will"

 

A Living Will is a legal document that outlines your preferences for medical treatment. This document expresses your desires concerning the withholding or withdrawal of life-sustaining treatment in the event of an incurable or irreversible condition that will cause death within a relatively short time.  A Living Will can also allow you to set forth your wishes concerning organ donation.  It is only effective when you are no longer able to make decisions or express your wishes regarding your own medical treatment.  A Living Will can never override your conscious decision to seek additional medical treatment and you may revoke your Living Will at any time.  A Living Will will not be given effect during pregnancy.  It may be changed or revoked at any time without regard to your  mental state or competency.

 

MEDICAL POWER OF ATTORNEY

 

A Medical Power of Attorney names an individual (the agent) to make health care decisions on the your behalf that you could make if you were competent, including the decision for or against donation of your organs and tissues should you die.  A physician must certify that you are incapable of making the decision yourself, and must make reasonable efforts to inform you of any proposed treatment or withdrawal or withholding of treatment before the agent is allowed to act on your behalf.  This document goes into effect upon your incompetence and may be changed or revoked at any time without regard to your mental state or competency.  A Medical Power of Attorney will prevail over a Living Will unless expressly stated otherwise in the Medical Power of Attorney.

Disclaimer: The materials found in this site are for general informational purposes only and are not for the purpose of providing legal advice or legal opinions on specific facts or circumstances. Transmission of information from this site is not intended to create, and receipt does not constitute, an attorney-client relationship.   This site is not intended to be advertising or a solicitation of legal services.