Lincoln Wills and Powers Lawyer

Drafting a Will

Thinking about making a Will can be unsettling to some. Perhaps a way to consider the matter is to light-heartedly conclude that if you die, you will need the Will, but if you have the Will then you will never need it.

In any event, a Will can make life much simpler for your minor children. A will can help your life insurance agent avoid difficulties in determining the appropriate beneficiary clauses, which will help ensure that your heirs receive the inheritance you wish them to receive.

The typical system of state law presumes that a couple is married. But, in today's society there are many couples that have developed long-term relationships and have parented children without the formalities of marriage. For these couples, a well-drafted Will is a major part of an effective plan to provide for the survivor of them and for their children.

Power of Attorney
Generally in writing, a Power of Attorney is an authorization by a principal (boss) to do something or to make a deal with someone on behalf of the boss. The one doing the work, the agent (employee), is not personally obliged to pay but can obligate the boss to pay. On the other hand, the agent cannot personally benefit at the expense of the principal unless the principal agrees. This type of arrangement takes place when a homeowner lists a house for sale with a real estate agent, or when an employer instructs an employee to buy office supplies from Office Depot.

An Agency Agreement defines the duties and powers of the agent. And, even though the agreement may grant the agent very broad powers, the agent cannot give away the principal's property and cannot give to him/herself unless the agency agreement clearly says so.

Durable Power of Attorney
The general rule is that the Agency Agreement terminates when the principal dies or when the principal becomes mentally incapacitated. However, by statute, an Agency Agreement can remain effective even if the principal becomes incapacitated if the agreement says so. By including such a clause, the agreement becomes a Durable Power of Attorney.

Medical Power of Attorney / Living Will
This is a specialized form of Durable Power of Attorney. State law provides that a person who is suffering from a terrible injury or illness can instruct a doctor to discontinue medical treatment even if the only result will be death. State law makes it clear that such a decision is not equal to suicide for life insurance purposes and does not make the doctor liable for murder. Through a Medical Power of Attorney, a person can authorize another individual (agent) to convey instructions to the doctor on his or her behalf. If the person cannot personally communicate with the doctor, and has previously decided that medical care should be terminated, the agent can convey such decision to the doctor at an appropriate time.