Last Will and Testament
Your Last Will and Testament enables you to make a legal disposition of
your property upon your death. You select a person you trust, known as a
“Personal Representative,” to administer your estate according to
your stated instructions.
General
Durable Power of Attorney
This document enables you to
select a person, referred to as your "Attorney-in-Fact," who will take
charge of your financial affairs in the event of incompetency. I
recommend that you name an alternate, in case the person you select
isn't able to assist you. You should select someone you trust. Your
Attorney-in-Fact should be financially responsible, and be able to pay
your bills, make wise investment choices, and otherwise take care of all
your financial matters. You also need to decide when to make the
document effective. Married couples often like to make the General
Durable Power of Attorney effective immediately. The General Durable
Power of Attorney then allows them the flexibility to sign necessary
documents and complete financial transactions for their spouse if their
spouse is out of town or otherwise unavailable. However, most of my
clients choose to make their General Durable Power of Attorney effective
upon their disability.
Power of Attorney for
Health Care Decisions
This document authorizes your
designated "Attorney-in-Fact" to make decisions about your medical
treatment in the event of incompetency. You should select someone you
trust. You should feel confident that your Attorney-in-Fact will respect
your wishes regarding medical treatment, and make good choices for you.
I recommend that you select someone who lives close by, so that your
Attorney-in-Fact will be able to sign necessary documentation in the
event of a medical emergency. You should also name an alternate in case
the person you select isn't able to assist you. This document is
particularly important if you are in a gay relationship or unmarried
heterosexual relationship, because it can allow your partner to have
visitation rights and to otherwise have a say in your care and
treatment.
Mental Health Advance
Directive
Similar to a Power of Attorney for Health Care
Decisions, this document authorizes your designated "Attorney-in-Fact"
to make decisions about your mental health treatment in the event of
incompetency.
Health Care Directive
A Health Care Directive,
commonly referred as a "living will," allows you to indicate whether you
would like your life to be "artificially prolonged" in the event of an
injury, disease or terminal condition that prevents you from
communicating your wishes. Although some people disagree with this
document from a religious perspective, other people believe it creates
the option for them to have more control over their death and for death
to be a more dignified process. I believe it is important for people to
have full information, and to make choices based upon their own personal
beliefs.
Community Property
Agreement
Community Property Agreements
are used by married couples, in certain circumstances, to transfer their
ownership in any assets to a surviving spouse in lieu of probate. It
should not be used if the couple has a taxable estate or if the couple
wishes to qualify for Medicaid benefits. However, it can be an
incredibly effective and useful tool to pass assets efficiently and
inexpensively to the surviving spouse upon the first spouse's death.
Memorial Instructions
RCW 68.50.160(1) states: "A person has the right
to control the disposition of his or her own remains without the
predeath or postdeath consent of another person. A valid written
document expressing the decedent's wishes regarding the place or method
of disposition of his or her remains, signed by the decedent in the
presence of a witness, is sufficient legal authorization for the
procedures to be accomplished."
Our office can assist you in preparing this document upon request.
This overview
provides general information and not legal advice or opinions on
specific facts.
STACEY
L. ROMBERG
ATTORNEY AT LAW
10115 Greenwood Avenue
N., PMB #275
Seattle, WA 98133
T – 206.784.5305
F – 206.789.8103
E-mail - inquiry@staceyromberg.com
Web Site: www.staceyromberg.com
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