After most of a year traversing the treatments associated with breast cancer and the onset of Covid-19 my husband and I reviewed our Wills, Living Wills and Durable Power of Attorney. Not something any of us want to do. However, it is something we should all consider if we have children or property regardless of age. You are not doing your heirs a favor by ignoring this unpleasant task.

We’ve had Wills before but realized after reading an article in the local newspaper that perhaps there had been some changes to laws that might make ours outdated. After seeking guidance from a local lawyer this turned out to be true. It took about two hours at the initial visit with the lawyer, another visit to sign all documents and a third to collect them once they’d been registered at the court house.

Let me clarify the difference between a Living Will and a Durable Power of Attorney.

A Living Will (also known as a Medical Directive) is easy to do yourself without the need of an attorney. Each state has free samples of the document on their state websites. You’ll need to fill in the blanks sign it with witnesses and notarized. Each time you go to the hospital you’ll need to take a copy with you. Hospitals don’t keep them once you’ve been discharged. This document provides the medical staff about what you want or don’t want if issues arise.

The Durable Power of Attorney has nothing to do with medical questions, it’s all about your financial wishes. If you become unable to make decisions on your own (i.e. you’re in a coma), even now while you have full faculties (i.e. your spouse while you are out of town) or upon your death. Discuss what the person designated is allowed or not allowed to do with your lawyer so the document can be modified to your specifications.

Make that appointment soon and provide copies to appropriate individuals. Remember the original will is required when settling an estate.