With COVID-19 sweeping the nation and the rest of the world, and with neuropathy sufferers at risk with many underlining medical conditions, we must not only protect ourselves and family physically during these trying times, but also legally. It is essential that neuropathy sufferers have these following forms completed in case of a medical emergency. The good news, is you can prepare and execute these forms at home without ever leaving the house for very little, if any, cost.
I will be using eForms to discuss and provide you a way to fill out these forms online which you can then save in PDF, DOC, or ODT. You can choose your applicable state, and eForms will walk you through the document basically letting you fill in the blanks answering questions and then they will put the finished form together for you. They offer these three main forms free of charge. eForms is a great asset and with their membership you get thousands of legal forms at your fingertips! They also have a 7-Day free trail to test out how useful the service is! Try them out here. Under each different form, eForms will also provide you will a nice overview and explain some of the things you will want to consider when creating these documents. A perfect project for when we are all quarantined at home!!
Medical Power of Attorney (MPOA)
This is also known as an "advance directive" or "health care proxy," is a form that allows a person to elect someone else to handle health care decisions on their behalf only if they are not able to do so themselves. This will be especially important with COVID-19 as with the respiratory issues involved, many times the patient may need to be on a respirator which causes the natural communication problems. Further, well you may be really sick, and it is just nice to have someone else in your corner who can make those needed decisions. Different states have different requirements for MPOA's and eForms has you covered. Click here and search Medical Power of Attorney for the form. They will also show you an option for a Living Will which allows a person to state their end-of-life medical treatment and care. This is would include things such as a do not resuscitate (DNR) directive. One suggestion I would make is fill this out and give it to your choice for the MPOA. This can give them insight into your wishes in these regards, and if the time comes they can choose to provide it to the medical staff to relieve themselves of those end of life hard decisions. The link for a Living Will is right on the same page as the MPOA.
Durable Power of Attorney (DPOA)
A Power of Attorney (POA) document that allows you to appoint a person, persons or an organization to manage your property, financial or any other matter you direct them to do so. The "durable" in the PA means that this authority continues even if or when you become in incapacitated (an important element with CORVID-19. Within the DPOA itself, you will establish what levels of control your attorney-in-fact (the person who will be making decisions on your behalf) actually has. Sometimes this will be the same person who holds your MPOA, but I also see many people choose to have their MPOA be someone close to their age range and life experience, who can make medical decisions based more from the their point of view. Whereas, often times you want a DPOA to be someone who can handle a wide range of legal and financial decisions and keep an eye on the overall legal and financial well-being of the patient. Plus, multiple agents can also ensure sound decisions are made in your best interests. Realize just because you have elected a MPOA and DPOA, they are not actually called into action unless needed and they can be held responsible for any intentional misconduct. As long as you are of sound mind, you can also revoke or change either document at any time and all you have to do is notify your agent in writing and retrieve all copies of the documents. Different states also have different requirements for DPOA's and eForms has you covered. Click here and search Durable Power of Attorney for the from.
Last Will and Testament (Last Will)
Although both terms contain the word “will," a living will and a last will and testament are two separate documents that serve entirely different purposes: A living will concerns health care preferences while you are alive, whereas a last will expresses your wishes for the distribution of your property after your death. Therefore a Last Will has no effect legally until after the death of the testator (the person who is writing the will), at which time the document must be filed in probate court. In addition to expressing your preferences about the disposition of your personal and real property, a last will may also appoint a guardian for minor children or other dependents.
A last will cannot control the distribution of assets held jointly with another person or for which a beneficiary is already associated, such as in a retirement account or life insurance policy, the proceeds from which pass directly to beneficiaries outside of the probate process. Now depending on your estate size, you may certainly want to an attorney for advice in these affairs and the tax effects of some property transfers. However, looking at what COVID-19 may become in our nation, it is at minimum a good idea to go through the questions asked on eForms document so even if you go to an outside attorney, your basically have an outline of what you want and this will most likely save you billable hours with them. There are many many times that the lack of a last will can really cause the family to have unneeded drama and turmoil because their loved one just did not take the time to state what they wanted done with their possessions. Different states also have different requirements for Last Will's and eForms has you covered. Click here and search Last Will and Testament Templates – a “Will”.
Executing Documents
You will notice that in many states, with potentially all of these documents require them to be signed in the presence of a notary. While your financial institution will usually provide this service for free or low cost to their customers, the electronic age has also made this available to you at home. I have used Notarize.com before and what will happen is you will have a video chat easily set up on your computer, tablet, or smartphone, and they will confirm your identity and then connect you with a notary who will then instantly email you or allow you to download your notarized documents. The cost is $25 per document. Now as of the publication of this article, Notarize.com has suspended single-document notarizations due to the surge in demand. However, you can join the Business Pro plan for free for 30-Days and then still have each document notarized for $25. You can also go to thumbtack.com and find local notaries that will come to your house to notarize documents. In my area some were offering the service for as little as $5 per document.
All three of these documents are a great great idea and since we are mostly all stuck at home, we really have no excuse to get started on them!! Remember we have a page of good information and a nice CORVID-19 Tracker on our website www.neuropathy.info.
Please be safe! “May you find the grace of triumph over any situation.” ― Lailah Gifty Akita, Pearls of Wisdom: Great mind.
David Pease, JD/MBA
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