POWERS OF ATTORNEY

If, due to illness, age or even just absence, you want to allow someone else to act on your behalf, you should appoint that person or those persons as your "Attorney(s)". When picking two attorneys, you should decide if they are to act togther (Jointly) or whether they can act together or separately (Jointly and severally) for convenience. Pick wisely because you are certainly giving them a lot of power of your affairs! Although it may be criminal, it is not unheard of for an Attorney to misuse funds. 

For your financial matters, you should sign a "Property Power of Attorney". For your health and medical matters, you sign a separate document called a "Personal Care Power of Attorney." Often people like to include a "merciful death" clause or a "Living Will" in their Personal Care Power of Attorney.

I am often asked about the Will/Power of Attorney kits. They are likely fine for simple, straight forward estates. However, there are many important issues not totally explained in many of the forms out there. Some of these issues include the mental ability of the person completing the document, the importance of an affidavit from one of the witnesses, how to adequately deal with blended families, etc. Please check with your lawyer before completing one of the more important documents for yourself and your family. 

Always remember that you get what you pay for!!! A colleague of mine once said to a client who had expressed concern about the cost of these documents that the client could pay for groceries for a week to properly prepare the documents but, if there was a contest to the document prepared by the client, the cost would likely cover a nice all expenses paid trip for a week or two for the lawyer. While lawyers properly deserve the fees they charge, and most undercharge for these documents, is it not better to ensure your family has the fewest hassels possible rather than save a few dollars? Yes, I know you will be dead and, while you will be missed, you will be the subject of many more fond memories and much gratitude if you have made life without you less challenging for those you leave behind.