The Last Will and Testament
of.... by James Rose
Volusia Family Magazine - April 2005
Did you ever think we would live to
see a spectacle played out in the media as we have witnessed for the
past few months in the Terri Schiavo case? Whether you agree or
disagree with the proceedings as they unfolded, the mere fact that
events occurred as they did should validate the fact that we as
individuals must prepare for uncertain circumstances.
James Rose of Rice & Rose, A Full
Service Law Firm, says “statistics show that only about 1/3 of
people have a Last Will and Testament. The percentage is even
smaller for those who have gone a step further and prepared a Living
Will, Designation of Heath Care Surrogate or Durable Power of
Attorney”. The fact that no one wants to think about death might be
the reason more people don’t take time to accurately articulate
their wishes prior to their passing. However, one thing is certain –
one day, we will all die.
This article is not intended to
dispense legal advice. The intent is to inform you, as adults,
parents and children, that a few minutes of preparation with a few
legal documents, can help eliminate heartache and chaos for loved
ones left behind.
Jim says there are four basic documents that when completed, will
cover just about all the questions that might arise. They are:
- Last Will and Testament or
Trust – this document designates the transference of property
and assets to your beneficiaries
- Living Will – this document
states your wishes regarding artificial life support under
certain circumstances
- Designation of Health Care
Surrogate -0 this document designates someone to make your
health care decisions and take action in the event you are
unable
- Durable Power of Attorney –
this document designates someone to act on your behalf to handle
your affairs. This is a powerful document.
- Durable Springing Power of
Attorney – this document “springs” into effect only after a
doctor has deemed you incapable of handling your affairs.
Yes, you can go to any number of
websites and download forms, complete them, have them witnessed by a
few people, and create a legal document that will be read at your
death, or implemented at the point you become incapacitated or
incapable of handling your affairs. However, Jim issues a word of
caution, “While Mom and Dad might save a little money doing it this
way, if they don’t totally understand what these documents state,
they haven’t really succeeded in their motivation”.
Rice and Rose, A Full Service Law
Firm, has been in Volusia County since 1986. For about $250-$300 and
a brief visit to their office in Daytona Beach, you can complete the
documents above and know that your wishes won’t be questioned by the
media, or anyone else.
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