Planning for the future, Preparing a Will and Living Will
By Connie Sorensen, Staff Writer

 

The world is a place of great uncertainty. There are wars, diseases and accidents that take lives each day. In our premortal existence we were given the information that one day our physical bodies would die and that until the resurrection, made possible by our Savior, our spirits and bodies would separate. We still opted to come here. This life is our test. One part of this test is our preparedness. This includes some preparation in areas that may be difficult to think about. For the purpose of this discussion, facing our own health issues and death.

When preparing for future health issues and our own death, there are two main things we need to prepare in order to make the lives of those we love and leave behind eaiser. First, preparing a Will, also known as Estate Planning. A will is a legal document that deal with the dispersal of temporal goods and guardianship of minor children. Second, preparing a Living Will, a document that directs our care, or the guardianship of ourselves, should we become incapacitated due to accident or disease; this type of document is known as an advance directive.


Estate Planning

Steven J. Dixon, "Planning Ahead: The Importance of Wills and Trusts," (Ensign, June 1983) states:

"The purpose of estate planning is to permit us to enjoy our property during life and then pass the unused portion to whomever we choose, with the least possible shrinkage in value. With wise planning, we can accomplish the following desirable ends: satisfy our personal needs and desires and those of our family, ensure that our property is left to the intended beneficiaries, designate someone to care for minor children, reduce family contentions, reduce the cost of transferring property upon death, and minimize income, gift, estate, and inheritance taxes."

He further states:

"The first step to take in planning your estate is to list all of the assets you own, the form of ownership, and the approximate fair market value as of the date the list is prepared. This list should include any benefits payable upon death, such as life insurance or pension funds. Also list all liabilities or debts.

The next step is to determine not only to whom but also in what manner your property should be distributed. Consider special needs of children, parents, or spouse, so that additional hardships or burdens will not be placed on some beneficiaries while providing excess benefits to others.

After these two steps have been accomplished, consult a lawyer, who can suggest various ways to accomplish your desires and can prepare documents that comply with the laws of the state or country in which you live."

Preparing a well written and thought out, legal and binding will falls under the umbrella of Estate Planning. And as you can see, a Will is essential if you want to leave your family well cared for in the event when you die, at any age.

The AARP further lists five basic things you should consider when drawing up a will:

  1. Identify who will inherit your estate. Be aware that your surviving spouse has a legal right to inherit a portion of your property. Normally, you cannot do away with this right in your will.
  2. Distribute your property. If you establish what is called a "testamentary trust," your assets will automatically be distributed to the people you specify. Otherwise, your property will be distributed under the supervision of a Probate Court.
  3. Name guardians for your minor children. You will need to appoint a guardian to care for children who are younger than 18. You also should appoint a guardian for any children who will be unable to care for themselves in adulthood. A guardian will raise your children until they reach maturity. If your children are young, consider naming alternate guardians who can step in if your primary guardian dies or becomes disabled.
  4. Create a trust if any minors will be inheriting your assets. This trust specifies the age at which the child will receive his or her inheritance. It also appoints a trustee to manage that inheritance until the child takes possession.
  5. Choose an "executor." The executor will manage and settle your probate estate according to your instructions. Make certain the person you choose as your executor is both willing and able to serve. It is sometimes wise to designate two executors who can work together to settle your affairs. One executor could be an individual, like a family member or close friend. The other could be a bank or an attorney with legal and financial expertise.

This has already been stated, but I want to make just a few more comments on the importance of assigning legal guardianship of minor children with in your will. If they are not, then the government will be responsible for finding a suitable gardian for them. You are the major advocate for your children’s temporal well being in this life. Don’t neglect to name a legal guardian and update this information as time passes. For example, once you have a child more than 18 years of age, they may agree to act as legal guardian for younger siblings in the event of losing both parents. They are not obligated to agree to this, but they could be given the option.

There are several ways to make and submit a legal will. There are websites, estate planning layers, even some that specilize in helping those within the LDS community set up their estate.

Websites that offer advice on estate planning should be considered carefully.

  • Are they endorsed by the state or country in which you live?
  • Do they have the Better Business Bureau online endorsement?
  • Do they make claims that seem too good to be true?
  • Do they list mailing address and phone numbers or must all communication be via internet?

Because of the nature of the documents you are filling contain personal information, you must be extremely careful when approaching this kind of venture online.

Whichever manner of estate planning appeals to you is as personal as the information that will be contained in your will. The important thing is to follow through and not procrastinate this decision. Prepare your will while you are young and healthy and maintain it throughout your life.

 

Advance Directives

The US living will registry website explains advance directives as:

"An advance directive is a legal document in which you state how you want to be treated if you become very ill and there is no reasonable hope for your recovery."

Although laws vary from state to state, there are basically three kinds of advance directives.

1. A living will is a legal document in which you state the kind of health care you want or don't want under certain circumstances. A living will does not let you select someone to make medical decisions for you.

2. A health care proxy (or durable health care power of attorney) is a legal document in which you name someone close to you to make decisions about your health care if you become incapacitated (meaning you are unconscious or unable to make medical decisions).

3. A do no resuscitate (DNR) is a request not to have cardiopulmonary resuscitation (CPR) if your heart stops or if you stop breathing. A DNR can be a part of your advanced directive, or it can be a seperate form that is placed in your medical chart by your doctor. DNRs are universaliy accepted in all states.

You can have a health care proxy naming a person to make the decisions, a living will, and a DNR request to help guide those you love and are concerened about your medical wellfare in making the decisions. It is very important that in addition to writing down your wishes and formally making these requests with your doctor and hospital, that you also talk with your close friends and family members to prepare them for how you want your medical care handled.

www.uslivingwillregistry.com contains more detailed information on recording and registering your advance directives with health care providers. There are also other sites available with forms for advance directives. Your healthcare provider or local hospital can also advise you about these documents.

Again the internet is a great resource for providing information and the necessary forms for preparing your own living will. Here are a few sites we found helpful:

You need to give this type of will as much thought and prayer as your estate planning. You need to consider all who are affected by your decisions.

It all comes back to careful preparation. D&C 104:13 states:

"For it is expedient that I, the Lord, should make every man accountable, as a steward over earthly blessings, which I have made and prepared for my creatures."

We are blessed to be on the earth today in such a time of plenty. The Lord has asked us to be responsible and care for the possessions we have been given, including our own lives. D&C 82:3 says it best:

"For of him unto whom much is given much is required; and he who sins against the greater light shall receive the greater condemnation.

We must be diligent in our preparations. We do not need to be obsessed with our own demise, rather thoughtful and ready to stand before the Lord. If we are prepared temporally, we will be better suited to preparing spiritually, for our conscience will be clear in that regard and we will be able to answer happily when we are asked what we did with the blessings we received.

Life Insurance

It is also important for people of all ages to hold life insurance and make sure that the beneficiaries list is kept up-todate.

The purpose of life insurance is to provide for the welfare of your family after your death. There are many different types of insurance policies you can consider depending on your financial needs and the needs of the beneficiaries.

To learn more about the different kinds of life insurance policies, visit any of these major insurance company websites:

Metropolitan Life
Prudential Insurance
Northwestern Mutual Life
New York Life Insurance

 

 

Want to work with an LDS professional in your area when drawing up a will or other estate planning documents (trusts, etc.)?
Meridian Magazine offers ldspro.com a service that can match you up with legal services offered by LDS professionals.

 

Preparing a Will Online:

The following websites have the Better Business Bureau's endorsement and provide information about wills. That being said we highly suggest you do your own research and make sure you're 100% comfortable with their credentials and reputation.

www.legalzoom.com
www.myestatematters.com (Utah Site)
www.legacywriter.com
www.wiseradvisor.com

The AARP also provides information about both estate planning and advance directives.

 

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