According to Barry Bledsoe, president of Baptist Foundation of Alabama, there are three documents every adult should have: a durable power of attorney, an advanced health care directive and a will. Although these documents can be drafted without an attorney. Bledsoe says it is important that they be executed properly. While the following definitions provide basic information, individual needs and situations will vary.
Durable power of attorney:
A durable power of attorney is a document that allows someone to act on your behalf when you are unable to act for yourself. The durable power of attorney allows this individual to take care of business, financial and legal matters. “Durable” means that the document survives any incapacity, and the powers granted can be stated in very specific terms.
Advanced health care directive:
An advanced health care directive is a document that details as individual’s preferences regarding decisions about life support. The document is a combination of a living will and a health care power of attorney, Bledsoe said. It does two things: First, it speaks for you about how you want to be treated in a serious medical situation, and second, it names a person you want to work with your health care provider to make decisions about medical treatment.
Will:
A will is a document that outlines how a person’s assets are to be divided after that person’s death. A will can be written on the back of a napkin, Bledsoe says, but it needs to be executed properly. Alabama law requires that a will be signed by three witnesses, but if these witnesses’ signatures are not notarized, the individuals will be required to testify to the probate court that the decent did in fact sign the will. The alternative, Bledsoe said, is to make the will self-proving, which means that the witnesses’ signatures are notarized, and the will can be admitted for probate with no further testimony.
Share with others: