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Do You Need a Lawyer to Write a Living Will?

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A living will (also called a health-care directive), which states your wishes for medical care in the event you are unable to communicate, is one of the most straightforward legal documents to create, says Edward A. Haman, an attorney and the author of How to Write Your Own Living Will, $17, www.amazon.com. Many states have forms for living wills in their statutes (downloadable from www.partnershipforcaring.org). When you create your living will, you should also name someone you trust completely to make sure your wishes are carried out and make decisions if you are unable to. This is done in a document called a durable power of attorney for health care (or health-care proxy).

TIP: When you create your living will, also consider executing a power of attorney for finances, which will give someone you trust the authority to conduct your legal and business affairs should you be unable to. Many states have power-of-attorney forms in their statutes.

WHAT YOU CAN SAVE: A lawyer could charge $75 to $125 for a health-care directive and proxy, or $150 for a power of attorney. You can do them yourself for free.

WHAT YOU RISK: Most likely, nothing. The forms are straightforward.

GET A LAWYER IF: You want your directive to have unusual or extensive directions that are beyond the scope of the regular form.

FOR MORE INFORMATION:
  • Living Wills Made E-Z (Made E-Z Products, $25, www.amazon.com).
  • Living Wills Simplified (with forms), by Daniel Sitarz (Nova, $23, www.amazon.com).
  • Power of Attorney Handbook, by Edward A. Haman (Sphinx, $20, www.amazon.com).
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