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How do I make a living will and where (if any) would I get forms and how do I have to file

Decatur, GA |

have just recently found out that 3 mos from now will be too late to worry about this

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Attorney answers 9

Posted

Please contact a estate lawyer. He/she will direct you on how, what and what not to do.

My office can help you.

678 992-2631. 30 Minutes free.

Bonnie Klein Rhoden

Bonnie Klein Rhoden

Posted

Agreed, good answer.

Posted

I'm sorry to hear that you received such unpleasant news.

I would strongly suggest that you look on this website or naela.org for a local elder law or estate planning attorney. You should consult with him\her to see what documents make sense for you. Most of the time a consultation doesn't cost much and the information that you receive may be very important to you. What we do is more than "forms." It is understanding the law and your personal situation and giving you guidance on making things less stressful for you and your family.

Again, my best wishes to you.

Legal Disclaimer: Paul A. Smolinski is licensed to practice law in the State of Illinois only, and as such, his answers to AVVO inquiries are based on his understanding of Illinois law only. His answers are for general information about perceived legal issues within this question only and no response to any posted inquiry should be deemed to extend any right of confidentiality between you and Mr. Smolinski, to constitute legal advice, or create an attorney/client or other contractual relationship. An attorney/client relationship is formed only by specific agreement including an evaluation of the specific legal problem and review of all the facts and documents at issue. We try to insure the accuracy of this information, but we cannot guarantee its accuracy. The reader should never assume that this information applies to his or her specific situation or constitutes legal advice. Therefore, please consult competent counsel that practices in the subject area in your jurisdiction and who is familiar with your specific facts and all of the circumstances.

Bonnie Klein Rhoden

Bonnie Klein Rhoden

Posted

Agreed, good answer.

Posted

Very sorry for your condition and circumstances.
Most likely you need more than a "Living Will"
and it would be best to have an estate planning attorney
advise you.

The answer given does not imply that an attorney-client relationship has been established and your best course of action is to have legal representation in this matter.

Bonnie Klein Rhoden

Bonnie Klein Rhoden

Posted

Agreed, good answer.

Posted

I am sorry for your sad news. While you could do a living will, Georgia now has a health care directive that covers both what used to be in a living will and other health care issues. There is a standard (and actually prety good) state form available free on any of the websites below that I have listed for you.

However, you may want to do other planning (such as a proper will, durable power of attorney, etc) and those are quite inexpensive, in addition to the medical directive. Those are NOT documents to do yourself, and the advice a lawyer will give you is well worth the small expense. I'd certainly be pleased to set an appointment to assist you (call me at 404-768-3509 or email me at geaatl@msn.com).

Sites with a copy of the official Georgia Advanced Directive form include:

http://aging.dhs.georgia.gov/sites/aging.dhs.georgia.gov/files/related_files/service/GEORGIA_ADVANCE_DIRECTIVE_FOR_HEALTH_CARE-10.pdf

http://www.stjosephsatlanta.org/downloads/GAAdvanceDirectiveforHealthCare.pdf

http://www.caringinfo.org/files/public/ad/Georgia.pdf

http://www.hhc.org/documents/English-GA-Advance-Directive-for-Health-Care_0.pdf

www.gabar.org/public/docs/form_georgiaadvancedirectiveforhealthcare.doc

If you find this answer helpful, please mark it here on AVVO as helpful. In answering you, I am attempting to communicate general legal information and am not representing you (and am not your lawyer). Do feel free to call me at 404-768-3509 if you wish to discuss actual representation (the phone call also does not retain counsel; that requires an office visit and appropriate paperwork). In that a forum such as this provides me with limited details and doesn't allow me to review details and documents, it is possible that answers here, while meant to be helpful, may in some cases not be complete or accurate, and I highly recommend that you retain legal counsel rather than rely on the answers here. (You can also email my office at geaatl@msn.com . An email also does not retain my office, but can help you get an appointment set if you prefer not to call). I am happy to discuss possible representation with you. Any information in this communication is for discussion purposes only, and is not offered as legal advice. There is no right to rely on the information contained in this communication and no attorney-client relationship is formed. Nothing in my answer should be considered as tax-advice. To ensure compliance with IRS Circular 230, any U.S. federal tax advice provided in this communication is not intended or written to be used, and it cannot be used by the recipient or any other taxpayer (i) for the purpose of avoiding tax penalties that may be imposed on the recipient or any other taxpayer, or (ii) in promoting, marketing or recommending to another party a partnership or other entity, investment plan, arrangement or other transaction addressed herein. I am also required to advise you, if your question concerns bankruptcy, that the U.S. Congress has designated Ashman Law Office as a debt relief agency that can help people file bankruptcy.

Bonnie Klein Rhoden

Bonnie Klein Rhoden

Posted

I agree.

Posted

I amvery sorry for your bad news A healthcare advance directive will do three things - a health care power of attorney let's you appoint a person who can make health care decisions for you if you are not able to make them yourself; a living will puts your health care wishes in writing so your health care providers and health care power of attorney will know what kind of care you want; finally, a HIPAA release allows you to give permission to your Heath care team to talk to loved ones.

You also need to think about who your property will go to when you are gone; how they will get it; and when they will get it. If you have pets you can make plans for them.

I suggest speaking with an experienced estate planning attorney. They can help you plan for issues you may not even have thought about and give you and your loved ones some peace of mind during this difficult time.

Bonnie Klein Rhoden

Bonnie Klein Rhoden

Posted

Agreed, good answer.

Posted

Since your question deals with the need for a living will, I will address that specifically. A living will is a document which states you directions for what should happen should you reach a certain medical state as determined by a doctor. Many hospitals and hospice facilities have their own forms, which they may call "do not resuscitate" forms. If that is what you are looking for, you may want to start there, as they will be tailored to the specific facility. There is also a form for a durable power of attorney for health care, which gives you more options and flexibility to designate a specific person to make decisions if you are unable to do so. Many of my clients prefer these to living wills because of the flexibility they entail, and you should be able to find a form for this at one of the sites Mr. Ashman has posted or through an attorney. Once you have executed any of these forms, make sure that whoever you are seeing for treatment, as well as your family, has a copy and knows about your wishes. And many office supply stores can even reduce and laminate one to keep in your wallet just in case.

The above information is general in nature. In order to obtain more specific and legal advice upon which to base your important decisions, please contact our office directly for a free phone or in person consultation. Robert M. Gardner, Jr. Hicks, Massey & Gardner, LLP hmgrmg@yahoo.com 53 W. Candler St. Or 718 Oak St. Winder, Ga. 30680 Gainesville, Georgia (770) 307-4899 (770) 538-0555 gadebtlaw.com hicksmasseyandgardner.com serving metro Atlanta and all of Northeast Georgia Bankruptcy, Divorce, Personal Injury, Worker’s Compensation, Medical Malpractice, Adoption, Civil and Criminal Litigation

Bonnie Klein Rhoden

Bonnie Klein Rhoden

Posted

Agreed, good answer.

Posted

You should go see an attorney.

Darrell B. Reynolds,
Attorney and Counselor at Law
2385 Lawrenceville Highway, Ste D
Decatur, Ga. 30033
404-636-6616

Bonnie Klein Rhoden

Bonnie Klein Rhoden

Posted

I agree with Mr. Reynolds.

Posted

The advice that has been given regarding the need for an advance directive is good. I would only recommend that you meet with an experienced elder law attorney rather than fill in the blanks on a form by yourself. An elder law attorney can walk you through the process and help personalize the instructions to address your values and beliefs. Your path is already charted. A seasoned elder law attorney can help you walk it with dignity. Many will make house calls.

Bonnie Klein Rhoden

Bonnie Klein Rhoden

Posted

Agreed, good answer.

Posted

I am very sorry for your bad news. I would just add to things that have already been said. The Advance Directive form in Georgia can be counter-intutive in spots. In some places, you initial things you do want, and in others you initial things you don't want. If you do it improperly, you may end up saying the exact opposite of what you mean. Keep in mind, any preferences you list in the advance directive are not set in stone, your agent will ultimately make the decision based on your preferences, but they are not required by law to carry them out. Therefore, make sure you choose an agent that will carry out your intentions and have a conversation with your agent so they understand your wishes.

The general information provided above on this public forum is not, nor is it intended to be, legal advice and is not intended to create an attorney-client relationship. You should seek legal counsel in the appropriate jurisdiction in order to obtain advice tailored to your specific situation.

Kelly Scott Davis

Kelly Scott Davis

Posted

Good, practical advice.

Bonnie Klein Rhoden

Bonnie Klein Rhoden

Posted

Agreed, good answer.