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Legal Matters After a Death

There are many legal matters surrounding the death of a person. Some of these matters can be dealt with prior to death, others after the death. This section looks at the reading of the will, disposition of the dying person's property and assets during probate. It also underscores the importance of Advanced Care Planning, Advance Care Directives, Living Wills, Power of Attorney and Living Trusts.
Articles & Resources
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Put It In Writing - Your Wishes, Your Advanced Directives, Your Gift
A look at the "Put It In Writing" consumer outreach by your guide. This initiative was created in 2005 by the American Hospital Association supported by the Society of Hospital Medicine to teach the public about the importance of Advance Care Planning.
A Reminder to Get Your Durable Power of Attorney and Living Will Done
An episode of ER shown in October 2006 helped to underscore the importance of getting durable power of attorney forms signed. This article looks at helpful resources available for getting started.
Advanced Care Directives from ADAM Health Center Encyclopedia
This page provides a starting point in figuring out the differences between Advanced Care Directives, Living Wills and Durable Power of Attorney. Information is taken from the ADAM Health Center Encyclopedia.
Personal Affairs Worksheet
This worksheet, provided by the National Cancer Institutes brochure on Coping with Advanced Cancer can help in organizing one's personal affairs. This sheet provides information for organizing the paper work that will be helpful for family members after a death.
When to Write a Will
A legal expert in the U.K. offers some insights as to when a person should consider writing a will.
Preparing Your Will
As part of the Estate Planning Section, the AARP (Association for the Advancement of Retired Persons) provides a helpful article on "Preparing Your Will" with what you should know about preparing a will.
Living Wills
Basic information from the American Bar Association's Estate Planning FAQ's page is provided with an expanded definition of Living Wills.
Living Will Registry - Advance Directive Forms
This link to an online resource available for managing your advanced directives. The U.S. Living Will Registry has been storing advance directives since 1996. The Registry electronically stores the documents and makes them available to hospitals and health care providers across the country 24/7.
Living Trust: Deciding How To Managing Your Property
As part of the Estate Planning Section, the AARP (Association for the Advancement of Retired Persons) includes an article on "Living Trust: Deciding How To Managing Your Property." This article provides information about how living trusts differ from wills along with tips for establishing a trust and warning that some living trusts may actually be scams.
Consumer's Tool Kit for Health Care Advanced Planning
From the American Bar Association's Commission on Law and Aging comes their Consumer's Tool Kit for Health Care Advanced Planning. The 10 part Tool Kit consists of pdf files that contain a variety of self-help worksheets, suggestions and resources to help people discover, clarify and communicate what is important in the face of serious illness.
Partnership for Caring: Definitions of Advance Directives
An online page that is a good place to start for information about Advance Care Planning. Includes definitions and resources to help you understand Advanced Care Directives.
Health Care Proxy
Basic information from the American Bar Association's Estate Planning FAQ's page is provided on health care proxy sometimes called a health care surrogate or durable medical power of attorney.
Download Your State's Advance Directives
A State by State list of Advanced Directive documents and instructions available as PDF (Portable Document Format) file. Resource provided by Caring Connections.
National Cancer Institute: Advance Directives
An online fact sheet from the National Cancer Institute designed to help people understand the medical, legal, and personal choices they may face in the future.
(PDF File) Making Medical Decisions for a Loved One at the End of Life
From the American College of Physicians’ Patient Education and Caring End-of-Life Series (PEACE) comes a printable PDF File on Making Medical Decisions for a Loved One at the End of Life. This 2 page brochure provides brief information what a person needs to know if making medical decisions for a loved one including living wills and durable powers of attorney.
Power-of-Attorney
An entire page of information from the American Bar Association's Estate Planning FAQ's page that helps to answer questions on Power-of-Attorney.
Understanding Power of Attorney
As part of the Estate Planning Section, the AARP (Association for the Advancement of Retired Persons) provides an article on "Understanding Power of Attorney" to help in identify which power of attorney is right for your estate planning.
How to Be a Power of Attorney Agent
As part of the Estate Planning Section, the AARP (Association for the Advancement of Retired Persons) provides an article on "How to Be a Power of Attorney Agent" with basic information that explains the responsibilities of a person chosen to serve as an agent in a Power of Attorney.
(PDF File) Do I Need Estate Planning?
From the State Bar of California an informative 16 page downloadable brochure created to answer the question, "Do I Need Estate Planning?" and provide information to get the legal facts of life.
American Bar Association: Estate Planning FAQ's
The American Bar Association has provided a page of helpful information on Estate Planning. This FAQ page was developed to provide answers to the most common questions about the estate planning process, including probate and administration of estates, transfer taxes and tax planning for your assets, and disability planning.
AARP's Estate Planning Guide
The AARP (Association for the Advancement of Retired Persons) has developed an Estate Planning Guide as part of their End-of-Life Section. This section is a good starting point for links to information on Power of Attorney, drawing up a Will, establishing a Trust or becoming familiar with Probate.
(PDF File) Do I Need A Living Trust?
From the State Bar of California an informative 16 page downloadable brochure created to answer the question, "Do I Need A Living Trust?" and provide information to get the legal facts of life.
Probate: Distributing Your Property
As part of the Estate Planning Section, the AARP (Association for the Advancement of Retired Persons) has developed an article on "Probate: Distributing Your Property." This article defines probate and probate property by explaining the probate process.

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