Wednesday, March 24, 2010

Personal Documents

Certificates and Decrees
It is best to obtain and keep in a safe deposit box two certified copies each of your birth certificate, your spouse's birth certificate, your marriage certificate and the birth certificates of each of your dependent children.  This will give you a back-up copy if you need to send an original copy to receive benefits or other services.
Each state has its own method of maintaining birth certificates, marriage certificates, death certificates and divorce decrees or annulments.  Usually these records are obtained from the county clerk, registrar or recorder of the county in which the event took place.  In many states the Department of Vital Statistics in the state capital acts as a central clearinghouse for this information.

The Importance of a Will
A will can eliminate many problems and misunderstandings in the settlement of your affairs.  In some situations, a living trust may help simplify administration, as well as offer lifetime benefits.
A will can also:
-Allow for the distribution of your property according to your wishes and the needs and capabilities of those you leave behind.
-Let you nominate a guardian or guardians for minor children to be responsible for raising the children and managing their property.
-Cover many other contingencies, such as taking advantage of the maximum marital tax deduction and continuing the operation or orderly liquidation of a business.
-Provide a legacy for friends, or religious or charitable institutions.
If a person dies without a will, state law will dictate who gets what property and when.  These rules are rarely what most people would choose.
Have a lawyer prepare your will, and make sure it is reviewed periodically to account for changes in federal and state laws, property values and financial status of heirs.

Health Care Directives
There are several documents that let you record your wishes regarding health care decisions.  While each state has slightly different documents, the most common are a living will and a health care power of attorney.

Living Will
A living will is typically a personal statement that is effective only in extremem circumstances.  A living will is referred to when you have an illness or injury that is terminal and death is imminent, and the attending physician believes that your condition is irreversible.  In this situation, your living will tells the doctor, the hospital and your family members of your wish regarding life support.

Durable power of attorney
A durable power of attorney for health care is broader and more flexible.  It gives another individual the right to make health care decisions for you.  The difference between this and a living will is that all health care situations are covered.  It is important that the person to whom the power has been given knows of your wishes regarding different types of treatment, not just life support decisions.

Many states have specific laws regarding the type, wording and set up of documents, so seek legal help to prepare them. Once the documents are drafted, give a copy to your primary physican, and keep other copies on file with your family for use with other health care providers.

Wednesday, March 17, 2010

Facts of Your Life

RECORD THE LIFE ESSENTIALS
Keeping family records organized and up to date is a challenge we all face. However bothersome it may seem now, it's an essential part of life- the need to easily locate imprtant records and information should a family member die or become disabled. Journaling your information can make this task much easier for you.

Catagories of Information:
1. Family Essentials
2. Final Arrangements
3. Safe Deposit Box Inventory
4. Contacts
5. Budgeting

Personal Documents
Paperwork that legally documents your personal history may be needed to apply for benefits and/or carry out legal instructions.
If you already have copies of these documents, be sure to store them in a safe location. Since safe deposit boxes may be sealed until after the owner's funeral, be cautious of what you put into them. Health care directives, instructions regarding disposition of remains and wills are best left with you lawyer or in a lockbox at home, not in a safe deposit box.
If you do not have copies of these documents, request them now so they will be on hand.