What Is a Will?

Salt Lake City, Utah, Durable Power of Attorney Lawyer

At my law firm of Randy M. Lish, Attorney at Law, in Provo, Utah, I help clients with the sometimes complex process of creating a will in combination with other estate planning options, and I answer their questions that include, “What is a will?” and “Who needs a will?”

Advantages of Having a Will

A will is a document that does not become binding or have any legal authority until after your death. There is flexibility in that you can change it at any time while you are still alive. In addition, a will allows you to select a guardian and conservator for minor children or adults in your care who have special needs.

Making Medical Decisions

If your illness or accident is terminal, you have an option, even if you cannot speak for yourself at the time. At my law firm, I create living wills and health care or medical powers of attorney to help my clients communicate their decisions and values and take the needed steps to ensure their wishes regarding health care are carried out.

In Utah, a “living will” is known as a directive for medical services or an advance directive. By signing this document, you specify that, should you become terminally ill or in a persistent vegetative state, you do not wish to have life-sustaining procedures used to prolong the dying process. You make clear your intentions regarding life support, nutrition and hydration, and other medical treatment, sparing your family from having to make difficult decisions.

By signing a special power of attorney for health care, you are entrusting someone to make decisions for you and communicate your wishes related to your course of treatment. You certify that you know the person you have selected is familiar with your values and wishes, and that you believe he or she will direct medical treatment in that same way that you would yourself, if you were able to.

Similarly, a durable power of attorney for property and finances designates a person to make financial and certain other decisions on your behalf should you become incapacitated or incompetent. It does not give that person authority to make medical decisions. Your agent is responsible to make decisions that are in your best interest.

The Disadvantages of Not Having a Will

Not having a will means that assets and finances can wind up in a probate court battle. Your children may end up with family members whom you would not deem appropriate to raise your offspring. Not having a living will could mean you may be left on life support when that was not your preference.

Contact Me Today

For more information or to schedule an appointment with an experienced estate planning attorney, please contact me.