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One of our elderly relative wants to make my wife her sole…

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One of our elderly relative...
One of our elderly relative wants to make my wife her sole beneficiary and power of attorney.
Would you please send me link to forms for the following?
1) General Power of attorney
2) BeneficiaryDo I have to know anything critical about these two documents?
Submitted: 9 months ago.Category: Legal
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Answered in 5 minutes by:
9/10/2017
Lawyer: Ray, Lawyer replied 9 months ago
Ray
Ray, Lawyer
Category: Legal
Satisfied Customers: 47,765
Experience: 30 years in civil, probate, real estate, elder law
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Hi and welcome to JA. Ray here to help you today.Please bear with me a few moments while I review your question and respond.

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Lawyer: Ray, Lawyer replied 9 months ago

Here is the POA form

https://powerofattorney.com/wp-content/uploads/2013/07/texas-durable-power-of-attorney-form.pdf

Will forms for beneficiary

LAST WILL AND TESTAMENT OF

_______________________________________
[Name of Testator]

I, _______________________________________ [Name of Testator], a resident of ___________________, Texas, being of sound and disposing mind and memory and over the age of eighteen (18) years or having been lawfully married or a member of the armed forces of the United States or a member of an auxiliary of the armed forces of the United States or a member of the maritime service of the United States, and not being actuated by any duress, menace, fraud, mistake, or undue influence, do make, publish, and declare this to be my last Will, hereby expressly revoking all Wills and Codicils previously made by me.

I. EXECUTOR: I appoint ____________________________________ as Executor of this my Last Will and Testament and provide if this Executor is unable or unwilling to serve then I appoint ____________________________________ as alternate Executor. My Executor shall be authorized to carry out all provisions of this Will and pay my just debts, obligations and funeral expenses.

II. SIMULTANEOUS DEATH OF BENEFICIARY: If any beneficiary of this Will, including any beneficiary of any trust established by this Will shall die within 60 days of my death or prior to the distribution of my estate, I hereby declare that I shall be deemed to have survived such person.

III. BEQUESTS:

I will, give, and bequeath unto the persons named below, if he or she survives me, the Property described below:

Name: _____________________________________
Address: ___________________________________
Relationship: ________________________________
Property: ___________________________________________________________________
___________________________________________________________________________
___________________________________________________________________________

Name: _____________________________________
Address: ___________________________________
Relationship: ________________________________
Property: ___________________________________________________________________
___________________________________________________________________________
___________________________________________________________________________

Name: _____________________________________
Address: ___________________________________
Relationship: ________________________________
Property: ___________________________________________________________________
___________________________________________________________________________
___________________________________________________________________________

Name: _____________________________________
Address: ___________________________________
Relationship: ________________________________
Property: ___________________________________________________________________
___________________________________________________________________________
___________________________________________________________________________

If a named beneficiary to this Will predeceases me, the bequest to such person shall lapse, and the property shall pass under the other provisions of this Will. If I do not possess or own any property listed above on the date of my death, the bequest of that property shall lapse.

IV. ALL REMAINING PROPERTY; RESIDUARY CLAUSE: I give, devise, and bequeath all of the rest, residue, and remainder of my estate, of whatever kind and character, and wherever located, to _______________________________________, provided that _______________________________________ survives me. If _______________________________________ does not survive me, then I give, devise, and bequeath all of the rest, residue, and remainder of my estate, of whatever kind and character, and wherever located, to _______________________________________ as alternate. If none of my named beneficiaries survives me, then the rest and residue of my estate shall pass according to the order of intestate succession in the State of Texas.

V. ADDITIONAL POWERS OF THE EXECUTOR: My Executor shall have the following additional powers with respect to my estate, to be exercised from time to time at my Executor's discretion without further license or order of any court.
___________________________________________________________________________
___________________________________________________________________________
___________________________________________________________________________
___________________________________________________________________________

VI. WAIVER OF BOND, INVENTORY, ACCOUNTING, REPORTING AND APPROVAL: My Executor and alternate Executor shall serve without any bond, and I hereby waive the necessity of preparing or filing any inventory, accounting, appraisal, reporting, approvals or final appraisement of my estate. I direct that no expert appraisal be made of my estate unless required by law.

VII. OPTIONAL PROVISIONS: I have placed my initials next to the provisions below that I adopt as part of this Will. Any unmarked provision is not adopted by me and is not a part of this Will.

________ If any beneficiary to this Will is indebted to me at the time of my death, and the beneficiary evidences this debt by a valid Promissory Note payable to me, then such person's portion of my estate shall be diminished by the amount of such debt.

________ Any and all debts of my estate shall first be paid from my residuary estate. Any debts on any real property bequeathed in this Will shall be assumed by the person to receive such real property and not paid by my Executor.

________ I direct that my remains be cremated and that the ashes be disposed of according to the wishes of my Executor.

________ I direct that my remains be cremated and that the ashes be disposed of in the following manner:
__________________________________________________________________
__________________________________________________________________
__________________________________________________________________

________ I desire to be buried in the _____________________________ cemetery in __________________ County, Texas.

VIII. CONSTRUCTION: The term "testator" as used in this Will is deemed to include me as Testator or Testatrix. The pronouns used in this Will shall include, where appropriate, either gender or both, singular and plural.

IX. SEVERABILITY AND SURVIVAL: If any part of this Will is declared invalid, illegal, or inoperative for any reason, it is my intent that the remaining parts shall be effective and fully operative, and that any Court so interpreting this Will and any provision in it construe in favor of survival.

IN WITNESS WHEREOF, I, _______________________________________ [Name of Testator], hereby set my hand to this last Will, on each page of which I have placed my initials, on this ________ day of ____________________, 20______ at _____________________________________________________________, State of Texas.

_______________________________________ [Signature]
_______________________________________ [Printed or typed name of Testator]
_______________________________________ [Address of Testator, Line 1]
_______________________________________ [Address of Testator, Line 2]

WITNESSES

The foregoing instrument, consisting of ________ pages, including this page, was signed in our presence by _______________________________________ [name of Testator] and declared by _________________ [him or her] to be _________________ [his or her] last Will. We, at the request and in the presence of _________________ [him or her] and in the presence of each other, have subscribed our names below as witnesses. We declare that we are of sound mind and of the proper age to witness a will, that to the best of our knowledge the testator is of the age of majority, or is otherwise legally competent to make a will, and appears of sound mind and under no undue influence or constraint. Under penalty of perjury, we declare these statements are true and correct on this ________ day of ____________________, 20______ at _____________________________________________________________, State of Texas.

_______________________________________ [Signature of Witness #1]
_______________________________________ [Printed or typed name of Witness #1]
_______________________________________ [Address of Witness #1, Line 1]
_______________________________________ [Address of Witness #1, Line 2]

_______________________________________ [Signature of Witness #2]
_______________________________________ [Printed or typed name of Witness #2]
_______________________________________ [Address of Witness #2, Line 1]
_______________________________________ [Address of Witness #2, Line 2]

_______________________________________ [Signature of Witness #3]
_______________________________________ [Printed or typed name of Witness #3]
_______________________________________ [Address of Witness #3, Line 1]
_______________________________________ [Address of Witness #3, Line 2]

SELF-PROVING AFFIDAVIT

THE STATE OF TEXAS
COUNTY OF ________________

Before me, the undersigned authority, on this day personally appeared ______________________________________________________________, ______________________________________________________________, and ______________________________________________________________, known to me to be the testator and the witnesses, respectively, whose names are ***** ***** the annexed or foregoing instrument in their respective capacities, and, all of said persons being by me duly sworn, the said ______________________________________________________________, testator, declared to me and to the said witnesses in my presence that said instrument is his last will and testament, and that he had willingly made and executed it as his free act and deed; and the said witnesses, each on his oath stated to me, in the presence and hearing of the said testator, that the said testator had declared to them that said instrument is his last will and testament, and that he executed same as such and wanted each of them to sign it as a witness; and upon their oaths each witness stated further that they did sign the same as witnesses in the presence of the said testator and at his request; that he was at that time eighteen years of age or over (or being under such age, was or had been lawfully married, or was then a member of the armed forces of the United States or of an auxiliary thereof or of the Maritime Service) and was of sound mind; and that each of said witnesses was then at least fourteen years of age.

_______________________________________ [Signature of Testator]
_______________________________________ [Printed or typed name of Testator]
_______________________________________ [Address of Testator, Line 1]
_______________________________________ [Address of Testator, Line 2]

_______________________________________ [Signature of Witness #1]
_______________________________________ [Printed or typed name of Witness #1]
_______________________________________ [Address of Witness #1, Line 1]
_______________________________________ [Address of Witness #1, Line 2]

_______________________________________ [Signature of Witness #2]
_______________________________________ [Printed or typed name of Witness #2]
_______________________________________ [Address of Witness #2, Line 1]
_______________________________________ [Address of Witness #2, Line 2]

_______________________________________ [Signature of Witness #3]
_______________________________________ [Printed or typed name of Witness #3]
_______________________________________ [Address of Witness #3, Line 1]
_______________________________________ [Address of Witness #3, Line 2]

Subscribed and sworn to before me by the said ______________________________________________________________, testator, and by the said ______________________________________________________________and ______________________________________________________________, witnesses, this ____________ day of _______________________, 20_____.

(SEAL)

SIGNED:

______________________________________________________________

______________________________________________________________
(Official Capacity of Officer)

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You can use the POA to add your name to bank accounts here too.

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Customer reply replied 9 months ago
POA
In the 3 page power of attorney form (link you sent) doesn't have any place to write the designated POA name. Please check.
Does POA document not require any witness?Beneficiary form is confusing to me.
What is Self-Proving Affidavit? Do we have to have that?
How many witnesses are required for the beneficiary form?
Who is Testator?
Why there are two sections of witnesses and notarization on the form?
Lawyer: Ray, Lawyer replied 9 months ago

Goes here

I, __________ (insert your name and address), appoint __________ (insert the

name and address of the person appointed)

Look at first couple of lines..Thanks.

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Lawyer: Ray, Lawyer replied 9 months ago

No witnesses for POA.Will absolutely needs self proving affidavit, if they sign it then you don't have to find the witnesses later on it is self proving.

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Customer reply replied 9 months ago
Earlier you sent me general Durable Power of Attorney form. Is medical directives is different than medical POA?
Would the same POA will work in medical related issue?
Would you please send me link to form for POA for medical / Health care relatated decision if and when one is incapacitated to make his own decision? Does Medical POA requires witnesses?
Lawyer: Ray, Lawyer replied 9 months ago

There is a separate Medical POA here it is

https://texaslawhelp.org/sites/default/files/mpoa_notary.pdf

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