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It’s Never Too Early To Look For A Free Living Will

May 16th, 2012 shearie Posted in Living Wills No Comments »

Article by Shan Perera

By writing out a free living will you will be able to let the doctors treating you and also your family members know what needs to be done in the event that you become incapacitated or are otherwise unable to take care of yourself. The free living will is a healthcare directive that instructs your doctors (in advance) as to the type of medical treatment you should be given in case of a terminal illness and in addition it allows you to spell out what should be done with your mortal remains once you are gone from this world.

Not Legally Binding

However, a free living will is not part of a person’s last will and testament in which other matters are discussed including specifying the type of funeral arrangements that should be made. Furthermore, it is easy to compose your free living will and in fact there is no real need to get a lawyer to write one and nor is this document legally binding.

You can find many a resource (online and offline) from where you can use their free living will forms that are sample documents that you can use and edit in order for the free living will to be reflective of your own individual desires and wishes.

The main consideration in regard to writing your free living will is that you must first discuss matters over with your near and dear ones regarding your preferences and preferably you should discuss these matters when you are in good health and of sound mental disposition. In fact, writing a free living will even when you are relatively young is a good idea as there is no telling when a medical crisis might arise.

The free living will comes into effect only when you reach a stage in your life when you are no longer able to communicate with others. This document provides your near and dear ones with peace of mind knowing that the difficult decisions have already been made and spelt out.

For the free living will to be legally binding you need to ensure having it witnessed by two adults, and the witnesses must not be your relatives and they also cannot be beneficiaries to your estate and they also must not be involved your primary healthcare providers.

The main benefit of making a free living will is that you can express (unambiguously) your preferences in advance in regard to the type of medical treatment that should be given to you when you are no longer able to take decisions on your own and this document also spells out other end-of-life decisions that you yourself are unable to make.

Author’s Sites: Aromatherapy Essential Oils Vitamin Supplements Guide and Vitamins Information










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Questions about last will and testament and living wills?

May 6th, 2012 shearie Posted in Living Wills 1 Comment »

Question by encourager4God: Questions about last will and testament and living wills?
Today I just wrote out a rough draft of my last will and testament as well as my husbands and I living will. What do I need to do to get these documents legalized should one day one of us passes away? What are the procedures and costs to have an estate? Thank you for your answers?

Best answer:

Answer by Terry
Depending on where you live, the best thing to do is by a will kit at an office supply store – Office Depot, Office Max, Staples. That explains everything you need to do in your state.

A handwritten will that is not witnessed can be binding; it’s called a holographic will, and in most states will stand up in court, but it’s better if you have it typed, signed, witnessed and if required in your state, notarized and filed.

Give your answer to this question below!

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Would this be a legal way to write a living will?

April 25th, 2012 shearie Posted in Living Wills 1 Comment »

Question by Isa241: Would this be a legal way to write a living will?
Me and my husband want to write out a living will, we’re set to inherit his grandparents house and we have two children that we want raised by my brother and sister in law if something were to happen to us. I want to get a lawyer to write it for us but my husband is very cheap. He wants to just type it on the computer then have us both sign it in front of a notary. Would this be legal enough that my in-laws could not contest it?

Best answer:

Answer by Alice
The problem with writing your own will is that if someone contests it, their lawyers will likely find a loophole with ease.

If you are concerned that your family is going to fight it legally, it is best to have a lawyer write it for you.

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what is priority a living will or marriage in Texas?

April 24th, 2012 shearie Posted in Living Wills No Comments »

Question by stphaniesuer: what is priority a living will or marriage in Texas?
I need to know which would be priority in the case of my death. A will or a marriage. I purchased my home before marriage and it is in my name. I want, beyond a shadow of a doubt, for it to be passed to my children. Not my husband to be. Without a prenup, will the living will take take priority over the marriage? As of today I do not have a will or a prenup. Please help. My home is the only thing I can pass on to my children.

Best answer:

Answer by Howard L
A living will has absolutely nothing to do with what happens to your property after your death. A living will gives instructions about your medical care if you are unable to speak for yourself.

You need a last will and testament if you want your children to get your house. Without a last will your husband gets everything. If all you have is the house your will could be a couple of sentences. “I (your name) being of sound mind in the event of my death I hereby bequeath my property to be equally divided among my children. Date it and have it signed by 2 witnesses. That’s a bit of an oversimplification but it not much more complicated than that. You can download a template for a will that will stand up in court for a few dollars.

Know better? Leave your own answer in the comments!

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Living Wills in Thailand

March 23rd, 2012 shearie Posted in Living Wills No Comments »

Article by Ben Hart

Wills are instruments used to state one’s testamentary wishes after death. Usually the issue of Will preparation arises in the Kingdom of Thailand when property disbursements need to be arranged in advance of one’s demise. In Thailand, both foreign nationals and Thai Citizens pass away, leaving property in the form of Real Estate, bank accounts, or other forms of personal property. In many cases, the family of the deceased will “let the will speak,” which is another way of saying that they will have the Will read in front of those mentioned therein. After that the deceased’s family will see to it that it processes through the appropriate probate court. This court will then see that the assets are distributed in the manner set forth in the codicils of the Will.

A Living Will is an instrument to be used for an entirely different purpose. This quotation from Wikipedia aptly describes this type of instrument:

“[The Living Will] was first proposed by an Illinois attorney, Louis Kutner, in a law journal in 1969. Kutner drew from existing estate law, by which an individual can control property affairs after death (i.e., when no longer available to speak for themselves) and devised a way for an individual to speak to his or her health care desires when no longer able to express current health care wishes. Because this form of ‘will’ was to be used while an individual was still alive (but no longer able to make decisions) it was dubbed the ‘living will.’ A Living Will usually provides specific directives about the course of treatment that is to be followed by health care providers and caregivers. In some cases a living will may forbid the use of various kinds of burdensome medical treatment. It may also be used to express wishes about the use or foregoing of food and water, if supplied via tubes or other medical devices. The living will is only used if the individual has become unable to give informed consent or refusal due to incapacity. A living will can be very specific or very general. An example of a statement sometimes found in a living will is: ‘If I suffer an incurable, irreversible illness, disease, or condition and my attending physician determines that my condition is terminal, I direct that life-sustaining measures that would serve only to prolong my dying be withheld or discontinued.’” http://en.wikipedia.org/wiki/Advance_health_care_directive#Living_will

Recently, the popular website Thaivisa.com in conjunction with The Nation Newspaper reported that the Cabinet in the Kingdom of Thailand has preliminarily approved a proposal that would create legislation allowing living wills in the Kingdom:

“The Cabinet Tuesday gave the green light to living wills. Under the draft decree, health professionals will honour a dying patient’s wish to forego treatment during the terminal stage if it can only prolong life. The draft prepared by the National Health Commission Office will now go to the Council of State for review.” http://www.thaivisa.com/forum/Thailand-Green-Light-Living-Wills-t320469.html

It should be interesting to watch how this proposed legislation progresses through the various government channels. Living Wills are generally an effective method of conveying one’s wishes should some misfortune occur. As Thailand is a primarily Buddhist culture the concept of death can be one that some Thai people do not wish to cope with. However, promulgation of legislation aimed at allowing Thai living wills would likely be a net benefit to Thailand and the Thai people. Hopefully, this proposal will gain wider acceptance and be promulgated as the official law of the Kingdom of Thailand.

Benjamin Hart is licensed to practice law in US Federal District Court. He currently acts as Managing Director for Integrity Legal (Thailand) Co. Ltd. Contact them at 1-877-231-7533, +66 (0)2-266-3698, or info@integrity-legal.com. For further reading please see: Thai Will or Thai Prenup










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Knowing About a Living Will

March 9th, 2012 shearie Posted in Living Wills No Comments »

Article by July

Bankruptcy attorney Benjamin Ginter, who runs the Law Offices of Benjamin J. Ginter in Cranford, New Jersey and also does wills, talks here about what a living will really means.

Advance healthcare directives are written regarding your medical care. The person chosen will carry out these instructions if you’re unable to make your own healthcare decisions. Anyone aged 18 or older may prepare an advance directive. There are several types of directives, one of which is a living will. It basically empowers one person to make the healthcare decisions for another person.

Having a living willThe idea whether or not to pull the plug when you are lying in a vegetative state scares most of us. That’s why it’s important to have a living will to spare your relatives having to make these life-or-death decisions. Also called an advanced healthcare directive, a living will makes sure your wishes are carried out to the letter.

A living will is a written, legal document, which spells out the types of medical treatments and life-sustaining measures you do and do not want, such as mechanical breathing (respiration and ventilation), tube feeding, and resuscitation. It is also known as a health care declaration or health care directive.

Living wills have proved popular, with almost 45% of all Americans today having one, according to estimates. If you are interested in making one yourself, talk to a qualified local attorney with experience to make sure it is confidential and exactly what you want.

Medical power of attorney (POA)This is also called a durable power of attorney for health care or a health care agent or proxy. The medical POA form designates an individual to make medical decisions on your behalf in the event you’re unable to do so. These forms allow your health care agent or proxy to use a living will as a guide, but interpret your wishes when unexpected developments aren’t specifically addressed in your living will.

Unfortunately, it is impossible to always account for every situation that may occur. It is important to understand that the medical POA document is different from the power of attorney form that authorizes someone to make financial transactions for you. If you don’t appoint a medical POA, decisions about your care default to your spouse. If you aren’t legally married, decisions fall to your adult children or your parents.?

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Free Living Will – Protect Yourself from Abuse

March 7th, 2012 shearie Posted in Living Wills No Comments »

Article by Kieron McFadden

It is a basic human right, upheld so far as I am aware by the constitutions, laws and customs of all civilized nations, that anyone should be able to refuse any treatment he or she does not want.

One has the right to do so on religious grounds, on grounds of personal conviction or simply because one considers the treatment to be harmful or dangerous.

Psychiatric treatment is a case in point: brutal, invasive and physically and mentally debilitating, psychiatry’s three main therapies of lobotomy, electro shock and drugging have become increasingly discredited, as has the bogus “science” that sought to justify the harming and even killing of hundreds of thousands of people in the name of healing. As a result a large and rapidly growing number of people would not let a psychiatrist anywhere near them with his scalpel, electrodes or brain-and-nerve-damaging drugs – given the right to refuse.

It is their right, being of sound mind, to refuse such treatment and opt for safe and effective solutions for whatever may be troubling them and thus turn instead to their nutritionist, dianeticist or religious pastor or whomsoever they wish, for help.

There is a problem however, a nicely laid little trap, that can take their basic right to choose away from them.

If they are unlucky enough to have fallen into psychiatric hands and been labeled “mentally ill” that basic human right can be denied them. Psychiatric “diagnosis” is notoriously arbitrary; it can vary according to the opinion of the individual psychiatrist and is based on no scientifically established diagnostic criteria. The very “disorders” or “mental illnesses” that psychiatrists “diagnose” have been exposed as bogus and shown to be essentially invented concepts, labels appended to varieties of human behavior, which can yet be used as justifications for what can only be described as “brain tinkering” – frequently with catastrophic damage done to the patient.

Nevertheless, in many countries, once some psychiatrist has labeled you mentally unfit, you can be regarded as not competent to make decisions about your own treatment and your freedom of choice is gone.

However, what if you make the decision before anyone has any excuse or pretext for taking your right to choose away from you, while you are manifestly of sound mind? And what if you were able to enshrine that decision in a legal document?

Under British law at least – the Mental Capacity Act of 2005 – one can do so: one can make an advance decision to refuse a treatment one does not desire to receive, should one later become “unfit” to decide. This is called a “living will.”

I suspect that in other countries there are similar laws that would in one form or another also give one that right and certainly any government that purports to uphold the Universal Declaration of Human Rights should provide it.

The medical profession generally does not enforce on someone an operation, drug or other treatment they expressly do not want, whatever the personal opinion and sincere advice of the doctor may be. A surgeon, for example, who removed a kidney or a medical practitioner who injected you with something or other or gave you a blood transfusion against your will would receive very short shrift indeed. Being physical treatment, the same right therefore extends to that branch of medicine which administers brain operations, electric shock “treatments” and drugs.

In Britain, if one wishes to protect oneself against possible future psychiatric abuse and refuse physically invasive treatments such as mentioned above, one therefore can simply make such a legally binding “living will” through the services of one’s lawyer.

One public spirited lawyer has responded to the high demand for the service by providing it FREE online and I would urge any Brit to visit his website as soon as possible and get that living will made. If you visit my own Freedom Plaza website (see below) and click on “free living will” in the left side bar, you’ll find it.

If you are not British, I would urge you to investigate the possibility of similar protections under the laws of your own country.

It is not clear how long it will be now before we see the back of psychiatry as its charlatanry and brutality become increasingly exposed to the glare of public scrutiny, its scientific dishonesty and un-workability laid bare.

Certainly the end is near and one witnesses the medical profession and even many psychiatrists jumping ship or distancing themselves from it and even government agencies are catching on and starting to investigate the systemic abuse of their citizens.

Probably the only reason psychiatry is still with us at all, given the advances in proper medicine and the science of nutrition and the arrival on the scene of Dianetics that provide safe and incomparably more workable solutions, is the protection afforded this decrepit and dangerous eighteenth-century dinosaur by its proxies in government.

But while the ailing beast still lives, albeit in its death throes, we would be wise to protect ourselves and keep a safe distance from its snapping jaws and thrashing tail.

More interesting articles at Freedom Plaza, http://www.wellhealthy.orgFor help with drug addiction go to http://www.end-my-addiction.com










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What is a Living Will?

February 24th, 2012 shearie Posted in Living Wills No Comments »

Article by Team Afro

The Basics:

Thinking or talking about your own death is usually not on the top of a person’s list of favorite things to do. Of course it may be considered a little bit morbid, especially when you think about planning it. Why bother to plan for something that you know is going to happen anyway? Unless you’re planning to commit suicide you can’t plan your own death right? Well not exactly, as there is at least one critical scenario that you may want to plan for – what do I want to happen if I am on life support and I have little or no hope of recovery? It is this scenario (and other similar situations) where it is absolutely necessary to have a living will in place.

A living will is a legal document (sometimes known as an “advanced health care directive”) that provides instructions as to your medical wishes should you ever become incapacitated and are unable to speak your wishes. A living will can be a simple hand written statement with your signature on it, or it can be a fairly complex document prepared with your family attorney. There are many legal sites online (think LegalZoom) that also have templates for preparing living wills. In any event, before you create your living will here are several things you should do to prepare.

? Think carefully about what your wishes are. This is a very personal decision and you should make sure that you know what you want and you are rational. This is not something you want to prepare when you are in a heightened emotional state (after a breakup, death in the family, etc.). Search your soul and make sure you are acting in accordance with your religious and/or personal belief system.

· Discuss your wishes with family and loved ones. This decision affects your family circle almost as much as it affects you as they may be the ones asked to terminate your life support or visit you in the hospital for the next several months or years.

· Figure out who will help you prepare the document. You can certainly prepare a living will yourself, but it is advisable to get some help. You can use an attorney who has experience or specializes in this area or you can go to a cemetery or mortuary where there is usually expert staff very knowledgeable about living will preparation.

· Decide who will carry out your wishes. The person in charge of carrying out your wishes is your healthcare proxy and they have power of attorney. This means that no one can override what this person says as long as they are acting in accordance with your living will. This person could be your wife, child or even a personal friend – the choice is yours and should be spelled out in your living will.

· Get your paperwork together. Critical paperwork and information that may be important and relevant include your vital statistics (name, address, social security number, etc.), will and testament, funeral arrangement documents, bank account numbers, insurance policies, etc. In addition, any information that may be valuable in preparing an obituary (fraternity affiliations, groups you belong to, etc.) should be consolidated or placed where your proxy can find them quickly.

· Make sure your proxy knows where the living will is. After you complete your living will and have gathered your vital statistics and paperwork make sure your proxy (and/or your attorney) knows where the paperwork is so they can access it quickly when they need it.

What you may not know:

70% of funeral plans are made by the wife. 85% of children want the parent(s) to make these plans.

What you need to know:

Make sure you are of “sound mind” when you create your living will. Do not wait until the Alzheimer’s has started to kick in, and don’t do this when you are otherwise mentally incapacitated or are on mind altering medication. These situations may call into question the validity of the living will.

Although you can do this alone it is highly advisable to consult with an expert (an attorney or an estate planner). Alternately, if you have made funeral arrangements with a cemetery, you should go to that location and ask if they have staff to help you create the living will and to go over options with you. See the article “How to Plan Your Funeral and Relieve Your Family’s Burden”.

Creating a living will should cost between 0 and 0.

A person under the age of 18 may not be able to serve as your proxy. Check the rules for your state.

Team Afro is the writing team for AfroDaddy.com – The Black Man’s Survival Guide. To see more of their work, visit http://afrodaddy.com










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Your Living Will is a Power of Attorney

January 15th, 2012 shearie Posted in Living Wills No Comments »

Article by Saber A Muslim

The Terry Schiavo case of life, death, and the wishes of someone who is terminally ill has not quite left our memory.

For 15 years opposite sides of a life and death struggle involving Terry Schiavo ? who in February of 1990 at age 26 collapsed in her apartment, lapsed into a coma and only recovered to a vegetative state ? fought through numerous court appearances and with each other in family battles that resulted in a debate fueled by money-powered advocates from both pro-life and right-to-die camps.

The debate also went to the US Congress and prompted a statement by then-President George Bush, who said that because there were ?serious questions and substantial doubts? about the case; Terri Schiavo had no written directive as to whether she would wish to have her feeding tube removed, or not.

The Schiavo Family’s insistence that Terry wanted to remain alive and Terry’s husband Michael Schiavo’s wish to allow his wife to die a natural death could have been avoided with one simple documentation.

I’m sure you know someone who has been in this situation; if you have not been in this situation yourself. You’ve been seriously ill and are in the hospital. A nurse, after checking your vitals, says there are some papers for you to sign; it has to do with your scheduled surgery. These papers must be signed, or the surgery you need won’t be performed. She’ll be back later to collect them, with your signature.

You not have seen these papers before, and so you read. The papers ask what you want to happen in the event your surgery does not go well, and you don’t recover.

In the unfortunate event of an accident that renders you unable to speak, leaves you in a vegetative state or terminally ill, a living will describes to what extent you would like to receive life support, resuscitation procedures or other life-prolonging care. Without this document your next-to-kin would have to make this decision on their own.

A Living Will is a written legal document detailing your instructions for life-prolonging medical care, with written instructions to your physicians that takes effect when you are no longer able to tell the doctor yourself.

As a ?living document,? your living will is also a health-care Power of Attorney; it empowers someone to make medical care decisions for you while you are temporarily unable to do so; it also tells the physicians what certain medical decisions you want performed when you are no longer able to tell the doctor yourself. The health-care Power of Attorney can also require that someone follow the instructions in your living will.

Many people have both a last will and a living will so that they are covered in all situations. Living wills are also known as an ?advance directive,? which applies when someone has been diagnosed as terminally ill. Schiavo died in March of 2005; although she suffered from extensive brain damage, Schiavo was never diagnosed as being terminally ill.

As with your Last Will & Testament, be sure to update your living will every five years, and be sure that both documents are in accordance with your state laws.

Bequests Bequests are a way to leave a legacy for your survivors. Listed in your Last Will & Testament, Bequests can be a specific dollar amount, personal property or real estate.

There are a few types: Percentage Bequests designate that a certain percentage of your estate be distributed to beneficiaries or a charitable organization. If giving property to a charitable organization; that organization must be specifically identified; this allows the donor to to an estate tax deduction for the full value of the property transferred.

Residual Bequests are what remains after all your other Specific Bequests, estate taxes and administrative expenses have been distributed.

Pre-Paid Legal Associate; Blogger; Internet Entrepreneur; Home-Based Business owner; Over 10 years experience as a sportswriter, columnist, radio sports talk show producer, sports talk show host, sportscaster, and newscaster — all prior to the advent of the internet. I intend to take my passion of helping working-class citizens obtain and retain not just attorneys but law firms to help them level the legal playing field for their everyday legal and life events, and to help and mentor others with their passion wherever it may lie to pass it on, and pay it forward.










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How old do you have to be to make a living will?

January 8th, 2012 shearie Posted in Living Wills 4 Comments »

Question by : How old do you have to be to make a living will?
I’m 17 at the moment but will be joining the Guard next summer. I want to make sure I have a living will set up in the event that I don’t make it home.
I meant a legal will. Something that says where everything goes and to whom.
As for my ‘stuff’ I just want make sure things like my guns and guitars go back to my dad, whatever money is in my bank account goes to my mom, then small things like my brother getting whatever electronics he wants (computer, XBox, ect.)

Best answer:

Answer by scott b
18

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