A Health Care Directive is a document that you sign that allows you to appoint an agent to speak for you in the event that you are ever unable to communicate your wishes regarding your health care, and also allows you to indicate and memorialize your wishes regarding your health care.
Why does someone need one of these? The Terri Schiavo case taught many people that spouses cannot make health care decisions for each other unless they have signed a validly executed Health Care Directive or Health Care Power of Attorney. Many people also assume that parents can make health care decisions for their children who are over age 18. Well, they can't. Once a child attains age 18, they are an adult, and need to sign a Health Care Directive in order to allow their parents, or another person if they so choose, to make decisions regarding health care in the event that they are ever unable to do so.
A Health Care Directive has two parts: Part I appoints an agent to speak for you regarding your health care; and Part II allows you to specifically write out your wishes regarding your health care. The most important part for a person to complete is Part I, where a person nominates someone to speak for them in the event that they can't communicate for them self. Part II can be completed, but does not have to be completed (so people do not have to answer questions about terminal illness if they do not want to).
To properly create a Health Care Directive, you need to:
1. Download the Health Care Directive form here.
2. Fill in the information about yourself at the very beginning of the document:
3. Indicate whom you would like to appoint as your agent, and alternate agent (if any).
4. If desired, fill in responses to the statements in Part II.
5. After the needed information is completed, you need to:
(a) Take it to a Notary Public, or find two witnesses who are over age 18.
(b) If desired, initial lines (1) and (2) on the bottom of page 2.
(c) Fill in the date of signing on page 5 and provide your signature directly below the date.
(d) The Notary or the Witnesses should complete and execute the acknowledgment.
(e) Finally, you should sign and date the HIPAA waiver on the last page.
NOTE: After the document has been properly signed and notarized or witnessed, the original Health Care Directive should be placed in a safe place and a copy provided to each health care agent named in the document. A copy should also be given to each doctor’s office to be put in your medical records.
You may want to update or change your will if:
Wills can be changed either by writing and executing a new one or by adding a "codicil," which is an amendment to a will. The codicil must be written, signed and witnessed the same way as the will, and should be kept with the original will.
Do not try to change your will by simply crossing out language or writing in new provisions. Crossing out language raises the question of whether you intended to revoke your whole will or just a part of it. Writing new provisions will be ineffective unless the provisions are signed by you and two witnesses.
We strongly recommend you consult with an experienced estate planning attorney before making any changes.
Your will should be kept in a safe place. The original will should be placed where it can easily be found after your death. Make sure your personal representative, a close friend or relative knows where to find it and can access it, particularly if you are considering a safe deposit box.
In Minnesota, the probate court or court administrator's office will accept wills for safekeeping at no charge or for a nominal fee. You have the right to get your will back at any time.
Probate is the legal process of settling your estate in court after you die. Your property is gathered and inventoried, your debts are paid, and everything left over is divided among your heirs. Your personal representative is responsible for "probating" your will. If you have no will or did not name a personal representative, the court will appoint one for you.
Probating a will begins by filing an application with the probate court. Probate ends when all debts and taxes are paid and all assets are distributed. If there is disagreement over your will, a probate judge will resolve the differences. Probate laws in Minnesota apply to the estates of people who were residents of Minnesota at the time of their death. Probate also applies to other states' residents who own real property in Minnesota.
Having a will does not avoid probate. Some kinds of property and assets do not need to be probated. These include property owned as joint tenants, jointly held bank accounts, payable-on-death accounts, life insurance proceeds to a specific beneficiary, and pension benefits with a designated beneficiary in the event you die.
A will is a way for you to express how you want your assets distributed upon death. In your will, you may nominate a person to serve as Personal Representative, nominate a guardian for your minor children to serve if the children’s other parent is deceased.
A trust is a contract between you, as the trustor, and a trustee. The trustor is the person that creates the trust; the trustee manages the trust. The beneficiary of a revocable trust is often the trustor during the trustor’s lifetime. A trust can include more detail about your goals in case you become disabled and how you want your beneficiaries to receive your assets upon your death.
Your estate (for wills for Heroes purposes) consists of your cash, personal property, stocks and bonds, real estate (equity only), savings, life insurance, and retirement assets (such as a 401(K) or an IRA). If you have a large (greater than $500,000) or complicated estate or desire complex trust arrangements, this program is not available to you. You should instead contact a lawyer who focuses in the area of wills and trusts. In such a case, WFH clinic staff will be happy to give you a referral to an estate planning attorney in your county.
Wills for Heroes does not handle the following areas/issues: 1) estate, gift, income and/or Generation Skipping Transfer tax issues; 2) special needs trusts; 3) charitable trusts; 4) citizenship/domicile of first responder and/or spouse; 5) assets managed by a fiduciary outside of the U.S.; 6) assets held outside of the U.S; 7) short term and/or long term care planning; 8) immigration issues; and 9) any litigation matter. The program also does not handle complicated or intricate planned distributions outside of the Estate Planning Questionnaire options.
A will provides for the distribution of property owned by you at the time of your death. Aside from providing for the intended disposition of your property to spouse, children etc., there are a number of other important objectives that may be accomplished in your will.
Good planning can also enhance your support of religious, educational, and other charitable causes.