Ask MetaFilter questions tagged with livingwill

First they take away my tuna fish...

Asparagirl — Sun, 21 Oct 2007 18:04:20 -0800

California legal/medical/ethical question: In advance of my going to the hospital to give birth within the next few weeks, I decided to download and fill out California's standard Advance Health Care Directive form, i.e. a living will (and to have my husband fill his out too, as long as we were at it). However, Google informs me via multiple sources that this form, even if signed and notarized, is "not valid if pregnant". WTF? Some sources, possibly older ones, say that a "living will" and a "health care power of attorney" are (or were) two separate things under California law. However, the only actual form I have found online, the Advance Health Care Directive form from the California Hospital Assiciation, is exactly the same as the one listed in the actual California Probate Code, except more nicely formatted for printing, and while it is considered the former of the two categories, a "living will", the California Medical Association's very helpful FAQ states that this Advance Health Care Directive Form now supersedes the old health care power of attorney. It's the form to fill out for California residents. But if it's also considered a living will, then does the "not valid if pregnant" rule come into effect?

I have not found any explanation as to why a pregnant woman would be unable to declare her own health care preferences, especially since California law goes out of its way to mention that a woman's right to abortion can be neither compelled nor denied, regardless of what her health care directive says.

So:
1) How can I declare my health care wishes in a legally binding manner prior to my giving birth?
and
2) The form is (or maybe was) considered invalid while pregnant? Seriously, WTF?

Will I, or wont I?

Rabulah — Wed, 03 Oct 2007 16:38:31 -0800

I realise that you are not my lawyer, and that this is not legal advice. I promise not to sue you. But I'd like some advice on wills. I have very very little knowledge about wills, and lots of questions. I'm in good health, under 30, in the UK. No children, never will be. My estate is worth hardly anything.

Are those "will kits" you can buy from pretty much anywhere worth the paper they're written on?

Is it worth creating a living will? I have some idea of the quality of life I do and don't want.

Is it worth going to a lawyer to have one drawn up? What would be the benefit to doing so?

What if I win the lottery or something - how easy would it be to change a "kit will"?

Do I need to worry about power of attorney? What is it, for that matter?

Who do I need to tell about the will? Friends, family, etc?

Any tips on broaching the subject with said friends and family, all of whom have an "ignore it and it'll go away" attitude towards death?

How do I choose an executor?

I realise that that is quite a long list of questions, and I appreciate you answering any of them.

It's time for the partner and I to set up wills. I need clarification about what we might need, and recommendations about what software to use.

misanthropicsarah — Thu, 09 Nov 2006 10:53:40 -0800

It's time for the partner and I to set up wills. We've never done this before, and our "estates" aren't worth the cost of going to a lawyer. I need clarification about what we might need, and recommendations about what software to use. I have seen this and this.

We're both in our mid-twenties, in Philadelphia, PA, not married (what with the gay), and don't have any assets to speak of besides some very small retirement accounts. We're both in decent enough health.

What we want is a document that defines who gets what in terms of any property and money if the other passes away, as well as document that says who gets to decide to "pull the plug" and make the funeral (or whatever) arrangements for the other.

Since we're not married, we don't automatically have these kinds of "death bed" rights, and we want to make sure we have the proper documents to ensure we get them if we should ever need them.

I think that we need both a will and testament and a living will, but I'm not positive.

Is there any software out there that will help us create a will and a living will if it turns out that's what we need?

Thanks for any input!

I appreciate it, but please don't tell us to just see a lawyer. The finances just don't make that possible right now.

Legal help for Parents

snsranch — Tue, 02 May 2006 20:19:07 -0800

My wife has two kids from a previous marriage. Can I consider myself, legally, to be their step Father? (If so, does that entail any certain rights as such?) Should or can I adopt them? Since the Mom and I have raised them for most of their lives (90%), we would like to do something (together) to set them up in case something happens to us. Death etc. M.I. We don't have any animosity towards the bio-Dad, he's cool for the most part, but we would like to do something in writing that is legal to provide some certainty for the kid's future, ie; THEY will get our assets, WE will choose their caretakers etc.

I've not had any problems with school, medical etc., but if one or both of us kicks off, I want to know (ahead of time) that they will have what they need.

Because it's never too early

schroedinger — Fri, 21 Apr 2006 11:36:23 -0800

I'm 20. How do I go about preparing a legal will and ensuring it will be paid due attention if I should die? And who should I pick as my executor? I live in Maryland. I'd like to prepare my will, preferably for free, in such a way that it won't be ignored if it is needed. I don't know if writing a letter stating my preferences would be enough, and just filling out this seems too easy. Yet given my limited assets hiring a lawyer would be unnecessarily complicated. Monetary assets include a few thousand in stocks, more than that in a couple of CDs, plus maybe a hundred in government bonds and whatever's in my savings and checking accounts. Material is just what's in my bedroom.

And once I go about doing the will, how do I pick an executor? For various reasons family members are out of the question. The friends I'd feel comfortable asking are all my age, so I don't know if they'd feel comfortable being asked, or carrying out the task if anything should happen.

So what should I do? Are there any websites that offer help on preparing a simple will--most seem geared to people with legal help or a more complicated monetary situation than mine.