A will is the most basic form of estate planning. It is a testamentary document that sets forth where you want your property to go after your death. A will is also important for young families because it sets forth who the guardian of minor children will be when the parents or legal guardians are no longer around to take care of the kids.
At Christopher D. Graham, P.L.L.C., we will guide you through the process of creating or changing a will. We offer a Last Will & Testament Package that includes not only your will, but the other ancillary documents that are an important part of any estate plan.
YOUR LAST WILL & TESTAMENT PACKAGE includes all of the following:
Will : A written document with instructions for disposing of assets after death. Also used to appoint the guardian and conservator for minor children. A Will can only be enforced through the probate court. Each Will also includes a Personal Property Memorandum that allows you to make gifts of tangible personal property without modifying your Will or seeing an attorney.
Durable Power of Attorney for Asset Management: A legal document that gives another person full or limited legal authority to sign your name on your behalf in your absence. May be effective immediately or upon incapacity. Terminates at death.
Living Will (End of Life Care): A written document that expresses your wishes regarding medical procedures to keep you alive by artificial means when the illness or injury is terminal.
Durable Power of Attorney for Health Care : A legal document that lets you give someone else the authority to make health care decisions for you in the event you are unable to make them for yourself. May also provide funeral/burial instructions and organ donation. Also called a health care proxy or medical power of attorney.
Mental Health Care Power of Attorney: Arizona law requires a separate mental health care power of attorney for admission to a level one behavioral health facility.
Pre-Hospital Medical Directive (Do Not Resuscitate): Instructs emergency personnel and medical providers of your wishes in the event of cardiac or respiratory arrest. [Optional]
HIPAA Release: HIPAA (the Health Insurance Portability and Accountability Act of 1996) requires health care providers to be very careful how they release health care information. All health care providers are required to make reasonable efforts to limit the release of protected health information to the minimum necessary to accomplish the intended purpose of the particular disclosure or request for disclosure. A HIPAA release allows you to name one or more persons who will be able to have access to all of your information. This is especially important to have in your estate plan so that your medical power of attorney agent can have access to complete medical information in the event that they needed to make a medical decision on your behalf.
“My Wishes” Packet: This is a place where you can record your final requests for your family. Let your family know your wishes on handling your funeral, your obituary, who to notify, and where you kept your important documents.
Probate Review: Because a will does not avoid probate, we will review the title to your assets to help transfer certain assets outside of probate through titling of the assets. This requires careful review because many people who change the title to assets to avoid probate end up with unintended consequences. Your Last Will and Testament Package include review of title to real estate, motor vehicles, bank accounts, and retirement accounts to ensure you are protected during your life and can avoid probate in the transfer of these assets after death.