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John Elder
John Elder, Estate & Elder Law
Category: Estate Law
Satisfied Customers: 4631
Experience:  Over 14 years experience in Medicaid, Estates, Trust.
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I have some questions regarding my Will and Declaration of

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I have some questions regarding my Will and Declaration of Trust I created .

Welcome! I am estates law expert on this site. What is your question?

 

John

Customer: replied 3 years ago.

I have some questions regarding my Will and Declaration of Trust I created.
1. If I need to make changes in my Will and no longer have the program can I type a page and do it as an insert? I had it notarized but if I make changes can it be witnessed? Should I have 1 or 2 executives?


2.In making a Durable Power of Attorney, what things should I consider in executing it and what should I consider to protect myself?


3.Also, creating the Advance Health Care Directive, Is it best to have 2 or 3 together to make a decision?


4. In making the Medical Power of Attorney, What should I concern myself with and what limitations?


5. Is there a way to protect me from changing my will if I am infulenced by an outsider later?

Thank you for your questions. I am going to restate them and answer them in blue below each question.

 

I have some questions regarding my Will and Declaration of Trust I created.
1. If I need to make changes in my Will and no longer have the program can I type a page and do it as an insert? You cannot just type an insert a page into your will. You can create a separate document called a Codicil and specifically reference your will, including the date then reference the paragraphs in the will that you are changing and what changes you want to make. The new Codicil must be executed with the same formalities as your will (likely 2 witnesses and a notary). I had it notarized but if I make changes can it be witnessed? A document that modifies your will MUST be witnessed. Should I have 1 or 2 executives? Generally it is preferred to have one Executor and one back-up. It is generally pretty difficult and time consuming to have two Executors at the same time.

 

2.In making a Durable Power of Attorney, what things should I consider in executing it and what should I consider to protect myself? It is hard to fully understand what you are concerned about here. This question is too open ended to fully answer. A Durable Power of Attorney appoints someone to take care of your financial matters so this should be someone that you really trust. One thing that you need to know is that the powers granted in this document are very broad and will need to be left broad to assure that if you are incapable of making decisions that someone can make all the decisions that you make. The only true way to protect yourself is to assure that you are only appointing someone that you trust.

 

3.Also, creating the Advance Health Care Directive, Is it best to have 2 or 3 together to make a decision? Absolutely NOT. For medical decisions you should only have one person making decisions. You can name backups (as many as you want). However, if you name more that one person is it very likely they get in a situation where the physician does not know what to do.

 

4. In making the Medical Power of Attorney, What should I concern myself with and what limitations? There are generally no limitations here. The healthcare agent named in the document makes all medical decisions as if they were you.

 

5. Is there a way to protect me from changing my will if I am influenced by an outsider later? Unfortunately no. You are allowed to change your will if you are legally competent.

I cannot provide you with legal advise. I can provide you with information about the law related to your question. My answer, and any information that you can find online, should not take the place of having a detailed consultation with a lawyer in your area to advise you regarding your specific issues.

 

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Thank you,

John

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