We offer three (3) types of documents at smartwillforms.com. Below is a description of the purpose of each document.
Last Will & Testament (Will Forms)
A Last Will & Testament outlines how a person (the Testator) wishes to divide his or her assets amongst third-parties (known as beneficiaries). The testator will be able to assign certain rights and privileges, as well as assign financial debts and obligations (if desired). The division of assets and debts will be carried out by a named individual (the Executor). Certain states have laws regarding "community property". As such, a community property will should be used. Some wills are also intended only for single individuals, while others are designed for married parties.
Living Will and Health Care Power of Attorney (Advance Directive)
A Living Will and Health Care Power of Attorney (Advance Directive) allows a person (the Declarant), while healthy, to provide instructions regarding the type of health care he or she wishes to receive in situations such as a coma or other critical medical condition where the person cannot communicate or be of sound mind. This document will also identify the person who will carry out these instructions (the Attorney-In-Fact). In some states, this document is referred to as an Advance Directive.
Durable Power of Attorney
A Durable Power of Attorney is the document used when a person (the Principal) wants to assign the authority to handle various matters to a second person (the Attorney-In-Fact). These may include matters of finance, contracts, insurance, acquiring property, handling trusts, business affairs, hiring of attorneys and consultants, etc. The document can identify a beginning and ending date of this authority.