Definitions of Documents
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Last Will and Testament
A Last Will and Testament is a legal document that clearly articulates an individual’s wishes regarding the distribution of their assets, property, and personal belongings after their death. It can also include instructions for the care and guardianship of any minor children. This document is the cornerstone of any estate plan, ensuring that the individual’s final wishes are respected and followed. It is typically executed under the guidance of an attorney to ensure its legality and enforceability. Without a will, the state laws of intestacy will govern how your property is distributed, which may not align with your wishes.
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Durable Power of Attorney
A Durable Power of Attorney is a legal document that grants a trusted individual, known as the agent or attorney-in-fact, the authority to manage the financial affairs and make decisions on behalf of the person creating the document, known as the principal. This power remains in effect even if the principal becomes incapacitated or unable to make decisions. It can cover a range of decisions, including managing real estate, handling bank accounts, and making healthcare decisions. It’s a crucial tool in estate planning, providing peace of mind that one’s affairs will be handled according to their wishes, even in the event of unexpected incapacity.
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Advance Directive (Living Will and Healthcare Surrogate)
An Advance Directive, also known as a Living Will, is a legal document that outlines an individual’s preferences for medical treatment and care in the event they become unable to communicate or make decisions due to illness or incapacity. This can include instructions on life-sustaining treatments, end-of-life care, and do-not-resuscitate orders. It serves as a guide for healthcare providers and family members, ensuring that the individual’s healthcare wishes are respected even when they can’t express them themselves. The Healthcare Surrogate designation is a part of this document, appointing a trusted individual to make healthcare decisions on the individual’s behalf when they are unable to
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Lady Bird Deed
A Lady Bird Deed, also known as an Enhanced Life Estate Deed, is a legal document that allows property owners to transfer their real estate to beneficiaries while retaining full rights to the property during their lifetime. This means the owner can sell, lease, or mortgage the property without the consent of the beneficiaries. Upon the owner’s death, the property transfers directly to the beneficiaries, bypassing the probate process. This type of deed is commonly used in estate planning for its simplicity and efficiency, and it can provide significant benefits in terms of avoiding probate and potential Medicaid recovery claims.
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HIPAA Waiver
A HIPAA Waiver, or Health Insurance Portability and Accountability Act Waiver, is a legal document that allows healthcare providers to share a patient’s medical information with designated individuals or entities. This waiver is necessary because under HIPAA laws, a patient’s health information is strictly protected and cannot be disclosed without their explicit consent. By signing a HIPAA Waiver, patients can ensure that their loved ones, caregivers, or other authorized individuals can access their medical information when necessary, facilitating better coordination of care and decision-making. It’s an important tool in managing healthcare and medical emergencies.
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Revocable Living Trust
A revocable living trust is a legal arrangement created during a person’s lifetime that allows them to manage their assets. The trust can be altered or revoked at any time by the person who created it, known as the trustor. This type of trust helps in managing and distributing assets without going through probate court, providing flexibility and control over the assets during the trustor’s lifetime and after their death.